Reading: In a 200 square yard plot, inherited by two brothers, elder brother (A) and younger brother (B), as per their father’s registered will, brother A receives 175 square yards while brother B receives 150 square yards (at the back). The will states that while brother B can only enjoy the property, he cannot sell it, even after marriage. His wife and he can lease or rent it out, but selling is prohibited. Only their son, if they have one, can sell the property. If brother B dies without marrying or after his wife’s death, the property will go to brother A. Brother B has now married a widow who has a son (not from their marriage). Can this son become a legal heir to brother B’s property?

In a 200 square yard plot, inherited by two brothers, elder brother (A) and younger brother (B), as per their father’s registered will, brother A receives 175 square yards while brother B receives 150 square yards (at the back). The will states that while brother B can only enjoy the property, he cannot sell it, even after marriage. His wife and he can lease or rent it out, but selling is prohibited. Only their son, if they have one, can sell the property. If brother B dies without marrying or after his wife’s death, the property will go to brother A. Brother B has now married a widow who has a son (not from their marriage). Can this son become a legal heir to brother B’s property?

Last updated: August 25, 2025 1:16 pm

Apni Law

2 years ago

Law Forum › Category: Property › In a 200 square yard plot, inherited by two brothers, elder brother (A) and younger brother (, as per their father’s registered will, brother A receives 175 square yards while brother B receives 150 square yards (at the back). The will states that while brother B can only enjoy the property, he cannot sell it, even after marriage. His wife and he can lease or rent it out, but selling is prohibited. Only their son, if they have one, can sell the property. If brother B dies without marrying or after his wife’s death, the property will go to brother A.

Brother B has now married a widow who has a son (not from their marriage). Can this son become a legal heir to brother B’s property?

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Apni Law Staff asked 2 years ago

In a 200 square yard plot, inherited by two brothers, elder brother (A) and younger brother (, as per their father’s registered will, brother A receives 175 square yards while brother B receives 150 square yards (at the back). The will states that while brother B can only enjoy the property, he cannot sell it, even after marriage. His wife and he can lease or rent it out, but selling is prohibited. Only their son, if they have one, can sell the property. If brother B dies without marrying or after his wife’s death, the property will go to brother A.

Brother B has now married a widow who has a son (not from their marriage). Can this son become a legal heir to brother B’s property?

1 Answers

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Best Answer

Apni Law Staff answered 2 years ago

No, the son cannot become a legal heir to brother B’s property. Under Indian law, the son is not a biological child of brother B and therefore not entitled to inherit the property. The will clearly states that only brother B’s son can inherit the property.