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Pankaj (na)     07 January 2013

Marriage sfter husband's death & adoption, property

My aunty has got married after death of my uncle. The second husband has adopted the son and changed his name too. ie. He has given his surname.

Can my aunty claim on our parental property? My uncle does not have his own purchased property. 


 2 Replies

Tarveen (Self Employed)     07 January 2013

Dear Querist, If your uncle had any share in the ancestral property then your aunty being the legal heir shall be entitled to that share if your uncle has died intestate which means without executing a will . The share of your uncle shall be divided among all the heirs equally depending upon their class. Class I heir shall be given preference then ClassII heirs n so on according typto Hindu Succession Act. Class I heirs include wide and sons. If in case your uncle has died after execution of the registered will then the share will be divided accordingly. You may feel free to contact for any further clarrifications. Regards Tarveen Singh Nanda Advocate Adv.t.s.nanda@live.com

prakharved (Medical officer)     11 June 2013



You will have to provide more details about the property you are talking about. Who presently owns the property and who all are the stakeholders. the step uncle does not come into the picture.


I think you should get the expert opinion from a property lawyer on this as it will be more safer and knowledgeable.

For legal queries like these you can get expert opinion from www.lawkoect.com

Just post your query online in very simple words and you will get a detailed response to your question by seasoned lawyers as per your requirement.



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