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Right of son of a pre deceased daughter in the property of grandfather


03-Jul-2023 (In Family Law)
Religion : Hindu One of our senior colleague "Mr. X" had one son and one daughter. The daughter died when he was still alive, leaving behind a son which was abandoned by her husband and brought up by the maternal grand father i.e. our colleague Mr X. Over a period Mr X, his wife and his only son have died.Only surviving members now are his daughter-in-law,her one son and pre- deceased daughter's son. Mr X has left behind a self acquired flat in a housing Society in Delhi, which still remains in his own name,though he died more than 10 years back. Can the daughter-in-law and daughter's son, both can claim a share in this property ? If yes, in which proportion? There is no other claimant.Also kindly advise way forward.I am only enquiring with the aim to rehabilitate the destitute grand son of Mr. X who has been turned out of the flat and is living on roads. Thanks and regards,
Answers (2)

Answer #1
656 votes
Daughter's son has half share in the property and son's wife and son would share remaining half share in the property. Daughter's son can file suit for partition of the property. Rest things may be discussed after meeting.
Answer #2
899 votes
Son of a pre deceased daughter can claim a share in the property provided that there is no will. Intestate succession is dealt with hindu succession act. Further response can be given upon knowledge of complete facts.

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