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Rights of a female in cousin brothers property


22-Aug-2023 (In Property Law)
DO cousin sisters have rights over the property of their brother who died without leaving any heir to the property. The property is an ancestral property and as well as self acquired. In short the ancestral property was transferred to his name and then he died adding his contribution to the ancestral property. Now the question is whether that property can be acquired by the cousin sisters who are cousin sister from the mother's side.
Answers (2)

Answer #1
909 votes
The property of a Hindu male dying intestate, or without a will, would be given first to heirs within Class I. If there are no heirs categorized as Class I, the property will be given to heirs within Class II. If there are no Class I or II heirs, then the property will first go to agnates (distant blood relatives of male lineage) and if no agnates are available then to cognates (distant blood relatives of male or female lineage). And if there are no cognates then the estate will go to government. here Class-1:- son/daughter, widow wife, mother etc.. class-2:- Son’s daughter’s son (2) son’s daughter’s daughter, (3) brother,(4) sister.Daughter’s son’s son, (2) daughter’s son’s daughter , (3) daughter’s daughter’s son, (4) daughter’s daughter’s daughter.etc...
Answer #2
840 votes
If you r cousin has no class one heirs then u become the cls two heir, so u r entitle to get the same through due process of law. There is a chance as per the sec 8of h s act. You can try by filing civil suit before jurisdictional court for relief.

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