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
.You advised if I am fathers sisters son .
i am bonly survivor of TWO BROTHERS and THEIR WIVES. All are dead, I have been adopted by elder brother.
The property in joint names of FATHER and his younger brothers wife, all dead, we are in joint family. The ancestral property transferred to FATHER AND HIS YOUNGER BROTHERS WIFE. 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). Can I be the successor of the ancestral property of both the brothers who are issueless and I am only survivor. Will the declaration suit be appropriate under the provisions of law to get the decree from court as SUCCESSOR of property
Asked 7 years ago
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). 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.
Asked 7 years ago