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Property issues
Question
Hi sir,
Hindu religion.A house is in the name of two brothers since about 1995. They have three sisters. (Father and mother already died.) The younger brother died in about 2008 and he is unmarried. The elder brother died in about 2015 leaving behind wife (widow) and three children. One of the sister said that the portion of house in the younger brother part should be of mine also. Is it possible? To whom the whole house be in the name of?
Answer ( 1 )
Your facts are not clear. The house is in the name of two brother because of any Will or was it gifted or it was transferred due to the intestate succession of the deceased parents? Was the house built by parents or with the income of both the brothers? The answer to your query with regard to the right of the siblings in the property of the deceased brother would depend upon this factual situation.
As per Hindu Succession Act, it would also be relevant to find out the date of deceased parents because if no class I legal heir was present at the time of the death of the deceased i.e. mother (in your case) then the share of the younger brother would devolve on class 2 legal heirs in equal share, which in your case would be your sisters and you. All the siblings would have equal share as per the succession act.
contact the team via whatsapp or other mode for proper advice with all the factual situation.