• Adopted mothers property will

I am legally adopted son . My adopted father s my biological fathers own brother. I m with my adopted parents since i was 8 months old . My adopted father expired two years back . He was a business man and due to issues with his partners I m not able to continue his position . Now my adopted mother is trying to write a will favouring her brothers kids for properties in her name . One is a house in which I m living with her with my wife and 2 kids and other s a commercial building where we run a bar. Both are under her name but she s a housewife with no desperate income . Both properties purchased from adopted fathers income . What s my legal position. This s our only source of income and house . Will I stand on road with my kids and wife if she writes it for her brother
Asked 5 years ago in Property Law
Religion: Hindu

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27 Answers

Hello sir , as a legal heir you are entitled to get share of your father property .. It is advisable to file a civil suit for permanent injuction and declaration in court

Hemant Chaudhary
Advocate, Gurgaon
4627 Answers
67 Consultations

4.9 on 5.0

First and foremost a legally adopted child has the same rights of inheritance as a natural born child.

I assume that your father died intestate (without writing a will) ,in such an eventuality your father's property would devolve upon all the class 1 heirs equally, as you and your mother are both class 1 heirs, therefore the property would devolve upon both of you.

Your mother can execute a will in favor of her brothers children but only with respect to her share in the property . she cannot transfer the entire property to her brothers children.

R Aditya
Advocate, Delhi
68 Answers
3 Consultations

5.0 on 5.0

Supreme Court, in Pawan Kumar Pathak vs. Mohan Prasad has reiterated that an adopted son is no less than a natural son, when it comes to claiming the right to inherit the properties of his father. Therefore, you have absolute rights to inherit your father properties.

Rajaganapathy Ganesan
Advocate, Chennai
2092 Answers
8 Consultations

4.9 on 5.0

1)property was purchased by adoptive father in adoptive mother name for benefit of joint family

2) you can file suit for partition to claim share in said house and commercial building

3) seek injunction restraining adoptive mother from selling the house and building or creating any third party rights on the property

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

Had your adoptive father been alive, it was open for him to claim this property(in entirety) as his, on the strength that he contributed the funds towards this purchase and that he purchased this property for his sole benefit.

As on date, since this mother's name is recorded against this property, she will considered the real owner and is free to dispose off the same in any manner as per wish. You have a very week case from preventing her from doing so. Having said that, you may still take your chance by approaching the civil court and seeking an order of injunction against her, restraining her from creating any 3rd party rights.

Vibhanshu Srivastava
Advocate, Lucknow
9444 Answers
255 Consultations

5.0 on 5.0

A son who has been legally adopted as a right at par with the other siblings.

The property was bought by adoptive father in the name of your adoptive mother and he has passed without a will.

You can file a suit in the civil court for your share since the property has been bought in the name of your mother by your father.

Seek an interim order thereupon restraining her from creating third party rights.

Contact a local lawyer.

Regards

Anilesh Tewari
Advocate, New Delhi
17968 Answers
377 Consultations

5.0 on 5.0

Dear Sir,

It is her property. You have not right till her death. If your mother dies you will definitely succeed. After her death you a bring a suit against her brother under the following sections of Indian Succession Act, 1925. Be assured.

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Section 61 in The Indian Succession Act, 1925

61 Will obtained by fraud, coercion or importunity. —A Will or any part of a Will, the making of which has been caused by fraud or coercion, or by such importunity as takes away the free agency of the testator, is void. Illustrations

(i) A, falsely and knowingly, represents to the testator, that the testator's only child is dead, or that he has done some undutiful act and thereby induces the testator to make a will in his, A's favour; such Will has been obtained by fraud, and is invalid.

(ii) A, by fraud and deception, prevails upon the testator to bequeath a legacy to him. The bequest is void.

(iii) A, being a prisoner by lawful authority, makes his Will. The Will is not invalid by reason of the imprisonment.

(iv) A, threatens to shoot B, or to burn his house or to cause him to be arrested on a criminal charge, unless he makes a bequest in favour of C. B, in consequence, makes a bequest in favour of C. The bequest is void, the making of it having been caused by coercion.

(v) A, being of sufficient intellect, if undisturbed by the influence of others, to make a Will yet being so much under the control of B that he is not a free agent, makes a Will dictated by B. It appears that he would not have executed the Will but for fear of B. The Will is invalid.

(vi) A, being in, so feeble a state of health as to be unable to resist importunity, is pressed by B to make a Will of a certain purport and does so merely to purchase peace and in submission to B. The Will is invalid.

(vii) A, being in such a state of health as to be capable of exercising his own judgment and volition, B uses urgent intercession and persuasion with him to induce him to make a Will of a certain purport. A, in consequence of the intercession and persuasion, but in the free exercise of his judgment and volition makes his Will in the manner recommended by B. The Will is not rendered invalid by the intercession and persuasion of B.

(viii) A, with a view to obtaining a legacy from B, pays him attention and flatters him and thereby produces in him a capricious partiality to A. B, in consequence of such attention and flattery makes his Will, by which he leaves a legacy to A. The bequest is not rendered invalid by the attention and flattery of A.

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15. General rules of succession in the case of female Hindus.—

(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—

(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;

(b) secondly, upon the heirs of the husband;

(c) thirdly, upon the mother and father;

(d) fourthly, upon the heirs of the father; and

(e) lastly, upon the heirs of the mother.

(2) Notwithstanding anything contained in sub-section (1),—

(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and

(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.

Kishan Dutt Kalaskar
Advocate, Bangalore
6069 Answers
409 Consultations

4.8 on 5.0

1) As you are adopted son all the adoption procedures done according Hindu religion act and whether that is registered in the registar office in your area.

2) Do you have any legal proof of nominations or legal heirs mebtioned on property.

3) who had purchased all land and buildings property by your adopted father or its inherited property.

4) after the death of your father had registered or applied for legal heirs in the property?

If not first apply for legal nominations of property to get registered.

Ganesh Kadam
Advocate, Pune
12638 Answers
205 Consultations

4.9 on 5.0

Merely by living with your uncle does not mean any adoption.

If your adopted father have legally adopted you and that should be evident in your identity and school records then you have ground to make claim in any property.

As your father died then the properties in his name must have been transferred to you and your mother in equal shares.

Vimlesh Prasad Mishra
Advocate, Lucknow
6849 Answers
23 Consultations

4.9 on 5.0

Hello,

1) If you are a legally adopted son, having complied with all the requirements of a legal adoption, you acquire all the rights that are akin to a natural son.. You and your adoptive mother has equal rights on the properties that belonged to your adoptive father.This would mean that your adoptive mother and you would have 50% rights in his property if he did not leave a will behind him.

2) You can file for a suit for partition, if your adoptive mother is unwilling to accommodate your share in the property. However as the properties are registered in her name, the onus of proving that they were acquired by your adoptive father's funds would be yours.

S J Mathew
Advocate, Mumbai
3430 Answers
175 Consultations

5.0 on 5.0

Dear Client,

Merely buying a property in the name of spouse dose not make her absolute owner of the property.

By law of inheritance, u and ur mother is 50% equal share holder.

File for partition - Can contact for court rulings/judgement.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. "Residing Rights" and "Business Conducting Rights" vis-a-vis Title-Ownership rights of an immovable property are expressly separate things /issues.

2. DESPITE when you say "properties purchased from adopted fathers income" and properties Title standing in name of Mother, it would be a Gift from her Husband or can also be classified as Stree-Dhan to his Wife, without any further legal reference to you. IF so and by virtue of this & her mental fitness, Mother can freely Gift /Will /Whatever, this two properties to anybody, at her will, without any rights or reference to you.

3. WHEREAS, to the exceptions of claiming right to Title-Ownership to the Two immovable properties, Being a Hindu, YOU still have the "Residing Rights" and "Business Conducting Rights", by virtue of the long stay since your childhood and related documents. This might require legal intervention .OR. ultimately compromise.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

1. Since the properties which your mother is preparing to bequeath are her self acquired properties there can be no fetters on her rights to make a bequest.

2. If you have evidence to prove that the sale consideration of the properties was paid by your adoptive father then you may file a suit for declaration that the properties are benami in the hands of your mother and the actual and real owner is your father. In your civil suit itself you may seek injunction to restrain your mother from alienating or bequeathing the properties. This is the only legal remedy.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Sorry dear

due to some problem in Kanoon website , this reply sent to you,

Mohammed Shahzad
Advocate, Delhi
10661 Answers
132 Consultations

5.0 on 5.0

The adopted child has a full right to inherit the property of his/her adopted parents at par with biological children.

An adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of the adoption.

And further an Adopted child has no right to property of biological father i.e. A child given away in adoption cannot claim any right in the property of his Biological father.

So, as per law of the land being adopted child , you have your right in the property of your adoptive father and further your mother legally is bound to give your share in the property .

You can get your share in the property of your adoptive father after filing a suit.

Better to file a suit for your share with the prayer of Permanent Injunction immediately.

Mohammed Shahzad
Advocate, Delhi
10661 Answers
132 Consultations

5.0 on 5.0

immediately you file a partition suit against your adopted mother claiming share of the properties stand in her name stating that she is the only name lender and your adoptive father is the real owner as she has no income to acquire the property.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

4.9 on 5.0

first of all she cannot write the entire property to her brother. she has only a share in it. she can give that share. you as a adopted son has equal share in this property. you file a partition suit immediately and ask for interim injunction on it.

Arnab Kumar Banerjee
Advocate, Kolkata
112 Answers

4.0 on 5.0

That is good, the daughter can have right over such property if the foster father passes away without a will.

Anilesh Tewari
Advocate, New Delhi
17968 Answers
377 Consultations

5.0 on 5.0

you can file suit for partition to claim your share in properties

2) take the plea that properties bought in adoptive mother name for benfit of joint family

3) that mother is home maker with no sources of income

Ajay Sethi
Advocate, Mumbai
89849 Answers
6516 Consultations

5.0 on 5.0

You file a suit for partition of property saying that the property was bought on the name of mother for the benefit of the family and the same was bought from the funds provided by the father.

Regards

Anilesh Tewari
Advocate, New Delhi
17968 Answers
377 Consultations

5.0 on 5.0

1) please provide property entitled papers on scan copy and index II and all other property purchased legal documents.

2) all your adoption papers and bar rights that you are running.

3) let me check how you can be saved and not come on road.

Ganesh Kadam
Advocate, Pune
12638 Answers
205 Consultations

4.9 on 5.0

If it is in your foster mom's name, then she has better chances to bequeath to anyone she likes as it becomes her absolute property. If you can establish father's contribution, then you can demand partition. As commercial building is between you and dad, you may not have any issue.

Rajaganapathy Ganesan
Advocate, Chennai
2092 Answers
8 Consultations

4.9 on 5.0

If the property is self acquired it depends on will of your father. If your father doesn't have a will and he died intestate you being a undivided son during his death will have a share in his self acquired property too.

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

If your a legally adopted child to your adoptive parents, then you do not have any rights in your biological parents properties.

Again in respect of the properties of your adoptive parents, you do not have any rights in it during their lifetime.

If your mother is trying to dispose the properties lying on her name legally you cannot do anything about it.

T Kalaiselvan
Advocate, Vellore
80015 Answers
1674 Consultations

5.0 on 5.0

The properties lying in the name of the married women shall be their own and absolute properties.

As per married women property act, by force of the said Act all women to whose marriages it applies are absolute owners of all property vested in, or acquired by them, and their husbands do not by their marriage, acquire any interest in such property or anyone.

A married woman may maintain a suit in her own name for the recovery of property of any description which, by force of the said Indian Successions Act, 1865 (1 0 of 1866) or of this Act, is her separate property; and she shall have, in her own name, the same remedies, both civil and criminal, against all persons, for the protection and security of such property, as if she were unmarried, and she shall be liable to such suits, processes and orders in respect of such property as she would be liable to if she were unmarried.

T Kalaiselvan
Advocate, Vellore
80015 Answers
1674 Consultations

5.0 on 5.0

1. You can file a suit for declaration of title of your father to the properties if you have documentary evidence to prove the payment of sale consideration by your father.

2. Also seek injunction to restrain her from alienating the properties during the pendency of the suit.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

Hi, as per the adoption laws and rules framed there under, the adopted child is just like the biological child and he inherits the properties in the same manner as the biological child. You may do two things, firstly persuade your mother not to give properties to her brother's kids and if not, go for partition of properties and also claim shares for your children as it may be ancestral property for them.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

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