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Claim over property of first husband

Querist : Anonymous (Querist) 13 May 2018 This query is : Resolved 
Sirs

My cousin sister passed away recently.� She's survived by two sons from the first marriage and her second husband.�

Her first husband's father (my cousin first father in law) has some property to be divided.

Can the second husband claim right on that property of the first husband of my cousin or only the sons from the first husband have sole rights??�
Vijay Raj Mahajan (Expert) 13 May 2018
Only sons from the first husband have right to claim inheritance in the property of grandfather after his death not during his lifetime. If grandfather make Will or dispose his property during his life time the grandchildren have no right to object to such disposal of the property by the grandfather. If the grandfather divide his property he can give portion of the same to his grandchildren, sons of deceased son.
Guest (Expert) 13 May 2018
Query seems to be purely a hypothetical academic query.
However, please clarify, are the sons of your cousin's sister's first husband residing with his grandfather or with her second husband?
Guest (Expert) 13 May 2018
If there is even the slightest truth in your story, why do you believe that the grandfather of the sons of his remarried daughter in law and your cousin would prefer to give even an inch of his property to your cousin's sons that too during her life time?

However, please clarify the following points:

1) Whether your cousin's first husband is alive or dead;
2) Whether the father of her first husband has other legal heirs, including his wife?
3) What was the specific reason of remarriage of your cousin sister?
Asgher Mahdi (Expert) 13 May 2018
No Second Husband cannot claim over first husband property but the children of the first husband have a aright to claim over property.
Guest (Expert) 13 May 2018
@ Mr. Asgher Mahdi,
Is there any section of law, which grants the right to the grand sons to claim property during the life time of their grandfather? The grandfather is still alive, but your statement reads as, "but the children of the first husband HAVE A RIGHT TO CLAIM over property."
Kumar Doab (Expert) 13 May 2018
Pls post with your ID and not as AQ and you may get many replies.
Your ID does not mean your email id or phone numbers..
Guest (Expert) 13 May 2018
As desired by Mr. Kumar Doab, a fake expert with unreal name, please post your ID, he will lick that, when he does not have any answer to your question.
P. Venu (Expert) 14 May 2018
The children are the legal heirs to the intestate property, if any, of the Grandfather.
Asgher Mahdi (Expert) 15 May 2018
In your query you have not mentioned you belonged to your religion.
Ms.Usha Kapoor (Expert) 17 June 2018
I agree with Kumar Doab and Ashgar Mehdi.
Ms.Usha Kapoor (Expert) 04 July 2018
I agree with Vijay Raj Mahajan.


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