Can my brother's ex-wife claim my mother's house?

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- Thankfully, my parents' house is named after my mother, where no one is registered. We had five children, of which my brother and I are alive. When we tried to transfer the house to my brother's name, he was returned from the relevant organization because he was not in a good mood. That's why I wanted to name the house. However, my older brother's legally divorced wife and their children filed a lawsuit against the house. Are they right? However, my grateful brother has a legitimate second family.

N.Sultanbaeva, Almazar district of Tashkent city

Sherzod RAJABOV, Chairman of the Mirzo Ulugbek Interdistrict Civil Court of Tashkent answered the question:

- In this case, determining whether your brother died before or after your parents plays an important role in determining the order of inheritance. According to Article 1140 of the Civil Code, the right of succession provides that in the event of the death of the heir before the opening of the inheritance by law, his share shall pass to his descendants. In this case, the share is distributed equally among the descendants who are equally related to the heir under the proposed law. According to Article 11401 of the Civil Code, if the heir, who was called to inherit by will or by law, died before the opening of the inheritance, the right to receive the inheritance due to him to his heirs by law, if all the inherited property is bequeathed to his heirs by will.

In both cases, the property of the deceased left by the deceased's parents cannot be inherited by his ex-spouse (husband or wife). However, children, regardless of the marriage in which they were born, have the right to inherit in equal shares with other heirs in respect of their father's share.
Source: Darakchi.uz

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