• Eligibility of mother property who (mother) was adopted, to a her daughter

My mother was adapted, I am the only daughter(married) and two brothers. now my mother and brothers are treating me badly. So kindly answer me wether I am legally eligible for property or not.
And my father has no property.
Asked 6 years ago in Property Law
Religion: Hindu

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13 Answers

You're entitled to an equal share, as that if your brothers, in the self acquired property of your mother and father.

As regards to ancestral property, you have share in this too in terms of the Hindu Succession Amendment Act of 2005.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

You have during your parents lifetime not entitled to any share in property

2) if your mother dies intestate you would ha e equal share in her property

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. Since it is considered as Self-acquired property in the hands of your mother, during her lifetime you will not have any right.

2. However in the intestate(without executing 'WILL') death of your mother, then you get equal right over your mother's self acquired property along with other legal heirs.

Shashidhar S. Sastry
Advocate, Bangalore
5068 Answers
314 Consultations

5.0 on 5.0

1)?your grand mother executed gift deed in mother favour

2) mother would be absolute owner of the property

3) you ha e no share in property during mother lifetime

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

If you are legally adopted I.e through a court order of adoption then you are legally entitled for every thing and none can snatch anything legally entitled for you.

Hope my reply helps you.

Johnu Kanta Bhuyan
Advocate, Guwahati
194 Answers
3 Consultations

5.0 on 5.0

property which has remained undivided for 4 generations would be ancestral property

2) in present case it is self acquired property of grand mother transferred to her adopted daughter ie your mother by gift deed

3) it would not be ancestral property and hence you dont have any share in said property during your mother lifetime

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

As you have explained, that your mother is adopted by your grandmother and your grandmother has given some property to your mother, will you have any right over the same?

Under the given situation it is very necessary to understand under what document your grandmother has given the property to your mother.

If its gift, your mother will become a absolute owner of the property wherein she can sell, gift, transfer or convey the property in any manner she may wishes, and you have no rights to question the same.

Rajashekar
Advocate, Bangalore
591 Answers
4 Consultations

4.8 on 5.0

This property would be treated as a self-acquired property of your mother.

You cannot claim a share in this property as a matter of right.

Only in case your mother dies intestate, i.e., without executing a will, you will be entitkled to inherit 1/3rd of this property.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

As such you do not have any right on the property.

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

the same is not the ancestral property and hence you can not as a right claim any share in the property. It is upon the mother to dispose or use the property as per her will.

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

Yes you have right in the ancestral property of your mother. You can file petition of partition in a court of law.

Laksheyender Kumar
Advocate, Delhi
734 Answers
2 Consultations

4.8 on 5.0

If this property belonged to your mother then she is the only person to decide about the disposal of the properties lying on her name.

Whether you are an adopted daughter or a biological daughter, you cannot claim any share in her property as a right.

If you file any case seeking share in her property under any misguidance you may fighting a losing battle and you may even lose the faith and love of your mother who may otherwise have a plan to allot you any thing in lieu of this property.

Think properly and take wise decision at right time.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

It is the property of my grand mother(she is alive) who adapted my mother and gave her property to my mother. Now my two brothers and mother are treating me badly just they thrown out me. So legally I want to know my eligibility in my mother properly. Hope my question is clear

Even if your mother was an adopted daughter to your grandmother, since the property was transferred to her name, your mother becomes the absolute owner to the property hence she is the only person who can decide about its disposal as per her own will and wish.

Neither you nor your brothers or even your father has any right to question your mother's authority in the said property.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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