Legal Question in Real Estate Law in India

My wife had purchased a prime property and gifted via a proper gift deed to her younger brother as he was not having earning capacity and hence the property was duly transferred to his name. He was married and having a child but his wife was not in good terms with any anyone in the family. He even suspected her character and was with us living away from her for the past 13 months but unfortunately expired due to an accident.
He is now survived by his wife, minor daughter, mother, elder brother and 2 elder sisters (including my wife).
For the past 24 years my wife is taking care of the entire family by providing them shelter and money.
Now my wife does not want her deceased brother�s wife to enjoy the property and proceeds as she was not faithful to him or to her.
What does the law say in these situations vis-�-vis my wife�s genuine concerns/rights?
1. Can she reclaim the property back?
2. Can she make sure the property and proceeds are enjoyed only by the child upon attaining maturity age?
3. Can she be the property guardian until the minor attains maturity age?

Asked on 3/08/10, 11:30 pm

Sudershan Goel India Law Offices of Sudershan Goel - Advocate

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You cannot deprive a widow of inheritance rights accruing in her favour of the death of her husband.

Answered on 3/14/10, 6:35 am

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