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Is she entitled to property of her sister-in law?
The case is like this: a woman(A) who is spinster dies leaving two brothers, one elder and one yonger.
Elder brother also dies and has no issue, but he has a surving wife.While the property of the lady(A) is being divided between two brothers, elder brother passes away. Now in this situation can the widow also be entitled to a portion of the property of A?
3 Answers
- Truth AddictLv 41 decade agoFavorite Answer
Yes. When A died, her property passed on to her heirs, her brothers. When the elder brother died (even if it was a matter of minutes later), his property passed on to his wife. Thus, the property in question moved from the sister to the brother to the wife.
- HMTLv 71 decade ago
As per THE HINDU SUCCESSION ACT, 1956
15. General rules of succession in the case of female Hindus--
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in Sec. 16,--
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother,
Brother's widow is Class II heir and as per (d) fourthly, upon the heirs of the father; will be entitled for inheritance.
HMT
- 1 decade ago
First, I am not a lawyer and this is not a legal advice.
Which state has different rules, try to find the statute regarding your state.
I would guess she has no right to the property, but I would double check.
