• Title suit / filing for successor of property in joint name

Sir,

I am to file petition before tthe CIVIL COURT to get the declaration by the court as successor of property which are in joint names for PARENTS and AUNTY(Uncle dead long back) and where all parents and aunty dead, and both brothers had no children but I have been adopted from childhood (64 years before)from the distance relative of my adopted parents. Now I being adopted under a registered adoption deed in 1990, I got the legal heir of my parents to take the property in my name. Since ancestral property in JOINT NAME of aunty and parents I could not do it through MUTUATION PROCESS from TAHASILDAR who is of view to get it done through CIVIL COURT.

1) Can I make an appeal as IInd lier HIERSHIP as per HINDU SUCCESSION LAW before the CIVIL COURT,although I am not full blood or half blood relation being an ADOPTED SON. Although I got all rights from parents, but not from AUNTY( Who is also ISSUELESS) and all parents and widow aunty(before her death) are living with me as joint family and I was looking after them till their death.

2) Under which sec of Indian Succession Act or Hindu Succession Act, I will file an application OR Petition and What will be My prayer at last and under which Rule/Section, so that COURT will order in my favour to declare ME SUCESSOR of property of MY AUNTY. No claimant is there for these property. There will be sufficient ORAL EVIDENCE of above fact can be produced before court. Who wil be successor of property of AUNTY at last. what will be the ground of appeal.Succession Certificate is for movable property. For immovable property i.e. land and builing what is the provision of laws.

Sir, help me in this regar so that appeal will be filed
Asked 7 years ago in Civil Law

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7 Answers

1) you have to apply for letters of administration from district court as your Aunty died intestate for her movable and immovable assets

2) enclose death certificate of Aunty

3) succession certificate is only for movable debts and securities and would serve the purpose as Aunty owned both movable and immovable property

4)contact a local lawyer

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

If there are no relatives alive and you consider yourself as the residual relative to the deceased who has died intestate, then you can file a declaratory suit to declare yourself as the successor in the capacity of the only relative surviving heir to the deceased and how she is related to you etc.

The declaratory suit can be filed in the provisions of civil suit nd provisions of Hindu succession act. Your lawyer will take care of the section hence you can entrust the job to him/her.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

After their death can I as a adopted son of elder brother(my father) be successor of younger brothers widow wife share,and I am nephew of her and can I be CLASS II HEIR OF PROPERTY i.e. LAND BUILDING (iMMOVABLE PROPERY).

You are adopted son of your adoptive parents, and no where related to your adoptive father's elder brother's wife.

You can apply for succession to her properties by a declaration as a surviving relative to the deceased in case you would desire to succeed to her properties upon her intestate death and there are no heirs surviving her death.

This declaration should be in the form of a judgment by a court competent on declaration suit filed by you.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

Kindly advise whether I shall be Class IInd legal heir of my parents and his younger brothers wife, being adopted child of my parents(elder brother)

You cannot be a class II legal heir to the wife of your adoptive father's brother. You can be declared as a lone surviving relative to succeed to her intestate properties that too after a declaration order passed by a civil court.

Can i be declare as successor of both the brothers who are issueless. whio have no sisters. They have no sister also, only two brothers.

You can be class I legal heir to your adoptive father and class iI legal heir to your adoptive father's elder brother, but to his deceased wife, you are a mere surviving relative and if court decrees to declare you to succeed her intestate property, you may acquire it.

T Kalaiselvan
Advocate, Vellore
85416 Answers
2239 Consultations

5.0 on 5.0

you would be the class 2 legal heir of your aunt

2) Section 15 of the Hindu Succession Act, 1956 deals with the general rules of Succession in the case of female Hindus dying intestate —

3)The group of heirs of the female Hindu dying intestate is described in 5 categories as ‘a' to ‘e' of Section 15 (1) which is illustrated as under:

In a case where she dies intestate leaving property, her property will firstly devolve upon her sons and daughters so also the husband. The children of any pre-deceased son or daughter are also included in the first category of heirs of a female Hindu;

In case she does not have any heir as referred to above, i.e., sons, daughters and husband including children of any pre-deceased sons or daughters (as per clause ‘a') living at the time of her death, then the next heirs will be the heirs of the husband ;

3) you would be successor of property of your late aunt

4) apply for letters of adminstration from district court as it applies to both movable and immovable properties

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

you can be declared as successor of both the brothers who are issueless. whio have no sisters.

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

under Clause (b) of Sub Section (2) of Section 15, the property inherited by a female Hindu from her husband or her father-in-law shall also under similar circumstances, devolve upon the heirs of the husband. It is the source from which the property was inherited by the female, which is more important for the purpose of devolution of her property.

Ajay Sethi
Advocate, Mumbai
95215 Answers
7611 Consultations

5.0 on 5.0

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