386. Who gets the property if

person passes away without a

will . . .

Question My parents paid for the land in india, which was on my brothers name, recently my brother passed away wil the land on his name goes to his wife and the children .. And what will the surviving parent will get, is there any possibility that my surviving parent claim that back .. Or is there any way that his wife share of the land should be secured till the children are older. Kaur Answer: Hindu Succession Act, 1956 and some provisions of Indian Succession Act mainly govern Hindus, Buddhist, Sikh and Jains. In case there is no Will, the property generally passes on in equal shares to the wife, minor children and to the mother. If parents paid for the land and the property was bought and registered only on your brothers name, then he alone is the owner. If the money to buy the land was given with no conditions attached, your parents cannot claim it back. I suggest you contact a lawyer and provide the full details to find out where your parents stand in such a situation and check as to how the minor children's share can be secured to ensure it is not misused.