• Can I take my mother property after her death from my grandfather (Nana Ki)

Dear Sir.
My perents passed away in 1987. When I was only 1 year old. My mother name is Bimla Devi and my Nana ji name is Devi Chand. My mother adopt by my Nana brother in 1968 and his name is Duli Chand. Because Duli Chand have no children. Duli chand Nourish bimla and marriage bhi krwa Di in1982.
1984 Duli Chand passed away.Duli chand property taken by Devi Chand and his two brother. All property purchased by Duli chand father and his name is Mahi Ram.
I have only my mother marriage Card and government school living Certificate. Bimla daughter of Duli Chand mentioned in Both documents.
Please advise can I take duli Chand property on behalf of my mother. If yes so how can I take. What's documents required
Regards
Ravi Kumar
Email [deleted]
Email [deleted]
Asked 4 years ago in Property Law
Religion: Hindu

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10 Answers

On demise of her adoptive father your mother was one of the legal heirs as she was duly adopted by her adoptive father . I presume there was giving and taking ceremony

2) on demise of mother her share would devolve on you and your siblings

3) you can file suit for partition for division of property by metes and bounds

4) seek injunction restraining sale of property by other legal heirs

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

1.First the adoption is to be proved beyond doubt. Unless adoption is proved to have been validly made then your mother would not be considered to be daughter of Duli Chand.

2. if it is proved or her adoption is not challenged by your uncles then you can claim share of your mother by filing a suit for partition.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

You along with your siblings(brother sister if any) are the legal heir of your mothers property which she has right to receive from her adopting father.

Approach civil Court at local jurisdiction where property is situated along with the property documents, if you donot have take certified copy from sub-registrar office, death certificate of your mother and her father Duli Chand(if you have) along with all the documents which substantiate that your mother was daughter of Duli Chand.

Than file partition suit of that property along with that seek an interim order to restrict further sale of property(Stay order from court on sale or transfer of property in question). The court will verify your claim and you shall get your share in property.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

If there is valid adoption and proper documentation then the property of duli Chand will devolve on your mother after his death since he had no legal heirs.

But as per your narration the property was purchased by duli chand father as such it became ancestral property so your mother will get share of duli chand and his two brother too have share on their father mahi ram property.

If property is not partitioned you and your siblings can file for partition by metes and bounds in jurisdiction court

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

Hello,

Yes you can claim the property that would have come to your mother’s share. You will just have to show to the court that you are the surviving legal heir of the mother.

Approach the local Advocate with these documents and the family chart.

Regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Being adopted daughter of duli Chand your mother will be have right on the self acquired Property of duli Chand. You will also have right on the same.

Prashant Nayak
Advocate, Mumbai
27291 Answers
88 Consultations

4.4 on 5.0

You can take the property of duli chand as your mother was the legally adopted child of duli chand. You must have proof of your mother was the child of duli chand. But your mother can not become entitle of the property of devi chand as she had been adopted by duli chand. For detailed discussion you can contact me.

Akash Gupta
Advocate, Gurgaon
66 Answers
2 Consultations

4.8 on 5.0

As per limitations act, time period has been lapsed and for adoption there is proper court procedure that is not followed, if you have adoption certificate than you can file suit for above subject.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Dear Client,

Properties of Duli change was devolved in his daughter and after her death in you.

Approach court to claim.

Contact for precise advise.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Since your mother is a legally adopted daughter to her adoptive parents i.e., Duli chang, she can very well claim the property of Duli hand's share in the property however adoptive father is not living or available in this situation.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

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