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DNA testing can be done on a variety of things, including hair, and the danders left over from the deceased. And a DNA test of your friend's blood and your friend's father's other son's blood can also find out if they are related.
According to the provisions of China's "Marriage Law" and "Inheritance Law", if another child of your friend's father is indeed his biological son, then of course he enjoys the right of inheritance and is the first heir in line; However, if there is sufficient evidence to prove that the son has the ability to fulfill the maintenance obligation, and he refuses to do so, he shall divide the estate with less or no share. And he can only inherit his share of the biological father, which means that only half of the joint property between your friend's father and his mother can be used to inherit, and the other half should go to your friend's mother.
Based on what you said, I personally think that if you sue, you will lose or win.
The above is a personal opinion, not a professional lawyer, you can consult your local lawyer office, so that it is clearer.
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1.This child is the first-in-line heir and has the right to inheritance.
2.The child had not fulfilled his obligation to support, and his father was entitled to demand but did not require him to do so.
3.With regard to property, it should be noted that he can only claim inheritance of property owned by his father himself.
4.The probability of winning this case is not very high. But your friend can fight for it by means of evidence or ask the other party to provide sufficient evidence.
Good luck to your friends.
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If the child is really your friend's father's son, then there is no doubt that he has the right to inherit the property, and he is the first-order heir.
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Speechless,,, this mother is really kept in the dark.
I don't know anything about it.
If it is his half-brother, he has the right to inheritance. But it's not much.
It's not a scandal. Divorce and marriage are not a scandal.
Just give him what he deserves. His father's wife, himself, the son who ran out, and his father's parents were heirs.
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He should have the right to inherit, but the actual situation has to be taken into account.
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That child has the right to inherit.
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If the second-instance judgment (of the intermediate court) has already taken effect, and now it cannot be sued, and the matter cannot be litigated again, and the second-instance judgment is final, it can be said that the legal procedure has been completed.
It is difficult to accept the appeal, and it is conceivable that the court can only file a retrial if it believes that it has made a mistake.
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Although time has not passed, after the mediation agreement of the court of second instance takes effect, the agreement not only has the effect of preventing the parties from appealing the judgment matters, but also has the effect of preventing the parties from suing the judgment matters again.
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The law stipulates that the maximum effect cannot exceed one year.
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