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Can my cousin claim his right in the property on behalf of his father


16-May-2023 (In Property Law)
Hindu - My grandfather and grandmother are dead. They have three sons (my father and two uncles). Of the three sons, one son died 30 years back leaving behind a three months old son and wife. After his death, my youngest uncle married the wife of the deceased uncle (married his sister-in-law) but my cousin is still named by his late father. My youngest uncle has no issue of his own. Now, the matter comes to property. There is an ancestral house and some land which my grandparents left unwilled. My concern is : Can my cousin claim his right in the property on behalf of his late father? The property shall be divided only in to two parts (my father and my uncle) or my cousin can claim the third part in name of his late father?
Answers (2)

Answer #1
772 votes
Yes he can claim ad his father is not there but son is there so he can claim and definitely he will get a right in property also as u r grandparents had three son it is said legal heirs so he is also ur family member
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Answer #2
753 votes
Your cousin claim only in his natural father part. Your grandfather property divided in three part; 1. Your father, 2. Your cousin (who's father died 30 years back) and 3. Your uncle. Your cousin can not claim your uncle property.
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