Ameet Dmello 13 July 2017
My Fathers, expired brothers expired wife, wife who married second time after my uncles death and got a son in new family, she stayed in our joint property house with her son and Second husband, now she and her second husband expired leaving back her young son 31yo, DO THE SON HAVE ANY RIGHT ON THE HOUSE ? as he do not have our family sur name and no will from his mother , further he has sold the part of the divided joint property , do he have any right?
Ms.Usha Kapoor (CEO) 14 July 2017
No! HE DOESN'T HAVE ANY RIGHT IN THE ANCESTRAL HOUSE. as father's brother's wife remarried/ so her son/your step cousin nor his mother doesn't get any rights in the property.
P. Venu (Advocate) 14 July 2017
No is the answer. He is a mere stranger to the property.
Kumar Doab (FIN) 14 July 2017
Was the said wife owner of said property?
If NO she herself being not the owner there is NO question of succession to her legal heirs in the said property.
Advocate Bhartesh goyal (advocate) 14 July 2017
Kumar Doab (FIN) 14 July 2017
Thanks for agreeing Mr. Bhartesh goyal.
T. Kalaiselvan, Advocate (Advocate) 18 July 2017
Since your father's brother's wife married another person after her husband's death and a son was born out of her remarriage, then the son can claim rights in his father's property.
Once her mother married another person after her husband's death, she loses all her rights in the previous husband's property and the son born to her of second marriage cannot claim any right over his mother's previous husband.
He has no rights whatsoever in is mother's decesed husband's properties.
© 2025 LAWyersclubindia.com. Let us grow stronger by mutual exchange of knowledge.
