According to Section 10 of the Hindu Succession Act, the distribution of property takes place among all legal heirs, including the deceased’s widow. So your brother’s wife is entitled to an equal share of his property like other surviving legal heirs.

Who are the legal heirs of an unmarried man?

These include: (i) Son; (ii) Daughter; (iii) Widow; (iv) Mother; (v) Son of a pre-deceased son; (vi) Daughter of a pre-deceased son; (vii) Son of a pre-deceased daughter; (viii) Daughter of a pre-deceased daughter; (ix) Widow of a pre-deceased son; (x) Son of a pre-deceased son of a pre-deceased son; (xi) Daughter of a …

When did my mother leave the property to my brothers?

Q When my mother passed away in 2012, she left her property to me and my three brothers – the deeds have been changed accordingly. One of my brothers has lived in the property for around 25 years.

What should I do if my brother inherits my Mother’s House?

If your brother were to go to the expense of going to court, it would be wise to use a solicitor yourselves who would be able to advise on how to formalise the verbal agreement you had with your mother about her wishes for your other brother to use the property as his home after her death.

How long has one of my brothers lived in the House?

One of my brothers has lived in the property for around 25 years. We all had a verbal agreement with my mother that he could live there as long as he needed to. We understand that one of my other brothers is now seeking to sell the house. Can he sell his share or borrow against it, and can he force the sale of the property?

Can a brother be made to leave a house?

JW A As one of the joint owners of the property, the brother who is living in the house has the right to occupy it, as do you and your other brothers. He can’t be made to leave the home without an exclusion order from the courts, which your other brother would have to apply for.