Can son claim deceased father & uncle's share of ancestral property


Recently my whole family died in an accident i am minor but i will turn 18 this year. My grandfather had 2 sons and one daughter. My grand father divided the property between my dad and my uncle but now both of them are dead. Can i inherit property i)that my grandfather left for my father (i am a minor and i have a sister who is also a minor) ii) can i inherit property that was supposed to be inherited by my uncle(his son,daughter wife are also dead). iii) what claim does my aunt who is alive.

Answers (3)


60 votes

Yes u and ur sister both will inherit the property of your father. If ur aunt is alive than she will get 50 percent of the share of your uncle and the rest 50 percent will be divided between you and your sister.


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78 votes

Hello,
Sorry to hear about the unfortunate incident. Since you are a minor , in order to get the legal declarartion of your inheritance/title of succession at present , you need to have a de jure or de facto guardian as you cannot legally claim it till you attain majority. Also as per succession laws , you are very much a coparcener and I believe a sole survivor/claimant of your ancestral property , hence you can inherit all of it , in case no other class 1 heir exists. But as you have mentioned that your aunt is still , so in that case she has a right to claim on the Ancestral property. However if the property was a self acquired property of your grand father and he made a WILL wherein he divided the property between your Father and Uncle only in that case your aunt has no claim. But if he died intestate( without leaving a WILL) then she a right to claim on that property as well. For any further detail you may contact me.

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140 votes

You can inherit your fathers property being the heir for your uncle's property since the aunt is alive she is the rightful heir to the property and you are a class 2 heir for which you will have to go to court through a guardian

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