I have a query about a property my uncle has left behind. Considering my uncle to be ‘A’ , I have presented the case. Kindly read through and guide me.
• ‘A’ buys property such that primary holder is wife , secondary holder is younger brother and third is self.
• When the property is bought , ‘A’ has no issues and his younger brother too not married.
• Name of brother included only for tax evasion purposes . ‘A’s brother not contributed any money in purchase of property.
• A few years later ‘A’ has a son (the only heir ).
• Today son is 34 years old.
• 4-5 years back ‘A’ passes away without making his will.
• Family unaware of the fact that ‘A’ had included brother’s name , get to know only after ‘A’s death.
• Brother’s family also unaware of any such thing and still do not know.
• Recently , 'A's brother also passes away.
• Now, ‘A’s son – the only son -wants to remove ‘A’s brother’s name from the property papers.
• How easy is this? Should the brother’s family be told about the existence of such a thing or can ‘A’s son go ahead and remove the name without complication.
• ‘A’s wife – the primary holder- still alive and also wants ‘A’s brother’s name removed.
• With this background , please tell me what can be done. Is it straight forward. Kindly guide.