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My brother property's rights of my mother
5 months ago
My brother had nominated my mother in the insurance of paper of home loan account (SBI Life) and that property is registered with my bother name.
After death of my brother , my mother had claimed the death insurance and paid the fully home loan amount . But Property is accopied by my Bhabi ( sister in low) and she is not willing to give property share to my mother and also not allowing to enter home as well.
Can you please suggest what is rights of my mother of that property and what action we can take againt my Bhabi. If My mother died , can other son claim my mother proerty share on behalf of my mother.
A.Dear Client,
From the contents of the query, it transpires that the property is owned by your deceased brother who made your mother a nominee of the insurance policy and after his death, when the claim of insurance was settled, out of claim compensation, the nominee repaid/written off the home loan of your deceased brother. A nominee of an insurance policy can not claim a share in the self-acquired property of your deceased brother. As per the Hindu Law of Inheritance governed by the Hindu Succession Act, 1956, the self-acquired property of a Hindu male, who dies intestate (without making a will), devolves first to his wife and children. If the Hindu male has no wife or children, then the property will devolve to his parents. If the parents are not alive, then it will devolve to the heirs of the father. So, because of the provisions of the governing law, your mother is not entitled to claim a share in the self-acquired property of your deceased brother.
From the contents of the query, it transpires that the property is owned by your deceased brother who made your mother a nominee of the insurance policy and after his death, when the claim of insurance was settled, out of claim compensation, the nominee repaid/written off the home loan of your deceased brother. A nominee of an insurance policy can not claim a share in the self-acquired property of your deceased brother. As per the Hindu Law of Inheritance governed by the Hindu Succession Act, 1956, the self-acquired property of a Hindu male, who dies intestate (without making a will), devolves first to his wife and children. If the Hindu male has no wife or children, then the property will devolve to his parents. If the parents are not alive, then it will devolve to the heirs of the father. So, because of the provisions of the governing law, your mother is not entitled to claim a share in the self-acquired property of your deceased brother.
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