• Share in biological father's property

My self Kalapala sampath kumar aged 45,working in psu .I have four sisters and one brother.In 2012 my father was died without writing any will.The main issue is in all my records (SSC ,inter adhaar ,pan ....) in place of my father name my uncle name is there (No adoption took place) .Now my brother is not willing to share the property of my biological father.Kindly advice me how to proceed to get .
1)legal heir and succession certificate.
2)how to get share in immovable property.
Asked 4 years ago in Property Law
Religion: Hindu

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16 Answers

Dear Cleint,

U should file partition suit, Adoption is not valid without registration or effected under custom prevailed.

U can file for partition.

1)legal heir and succession certificate. ---- Legal Heir certificate.

2)how to get share in immovable property. -- Partition suit.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Hello,

File a partition suit and then claim a share in the property.

Before filing the same you will have to obtain a succession certificate.

regards

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Apply for letters of administration in name of legal heirs

2) you have equal share in deceased father property as you were not given in adoption to uncle

3) there has to be giving and taking ceremony which was not done in your case

4) there has to be deed of adoption executed

5) succession certificate is for movable debts and securities

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

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

"1.You can obtain a Succession Certificate through your Taluk / Thasildhar or through the District Civil Court of your area.

2. As per the Hindu Succession Act, if a male dies intestate then properties of him will be distributed amongst hus legal heirs, as per the provisions of the Act."

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

You can apply for succession certificate in the court and also go for partition of your Share.

Prashant Nayak
Advocate, Mumbai
27289 Answers
88 Consultations

4.4 on 5.0

Hi, you have to file a suit for partition of your share in the property and you have to plead in the Plaint that you are the biological son your uncle name is inserted in wrongly.

Pradeep Bharathipura
Advocate, Bangalore
5399 Answers
310 Consultations

4.5 on 5.0

1) You have to prove in the court and first get injunction on the property acquired by your brother.

2) First of all you should apply for name change in the Government Gazette, than Gazette will give advertisements in the online website and news paper, take this certificate of change in name. Than apply for PAN and Aadhaar card etc.

3) After getting name change on all government documents than you can apply for legal heirs and succession certificate. Once you receive certificate from court you will get your share in the property.

Ganesh Kadam
Advocate, Pune
12338 Answers
191 Consultations

4.9 on 5.0

Please note what is name mentioned in birth certificate if it is of biological father then you can file a suit for partition and separate possession of the property. Let them prove whether you were adopted by uncle or not.

Better file a suit for partition and also for injunction restraining them from selling property. You are entitled to 1/6th share in property of your father.

Swarnarka Chowdhury
Advocate, Mysore
1878 Answers
5 Consultations

5.0 on 5.0

1. For obtaining legal heirship certificate you may have to apply for it from the concerned revenue department within the jurisdiction whre your father died.

2. You can file a partition suit and seek separate possession of your legitimate share in the property left behind by your father.

Consult an advocate in the local and proceed as per the further advises received on this.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

1. If no religious or legal adoption had taken place then your Uncle can not be called as your father and mentioned in all your educational certificates as your father.

2. Execute an affidavit before a 1st Class Judicial Magistrate affirming that inadvertently your Uncle's name, who had taken you to admit in school, was recorded as your father and it continued to be recorded in all your certificates/documents which is required to be corrected and issued afresh with the appropriate correction of your father's name from such and such to such and such being your biological father.

3. After getting the said affidavit affirmed, apply to all the appropriate authorities to correct your father's name accordingly in the certificate/document issued showing your Uncle's name as your father.

4. Thereafter collect the legal heir certificate from the ward counselor of your local Municipal Corporation and then file a partition suit claiming your share of your father's properties.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

send a legal notice to your brother for want of share of property by giving a week time. if he is not responded with in the time then you should file a partition suit and also apply for legal heir certificate from the jurisdiction where ur father dies. With out registration Adaption of child is not legal.

Hemadri Chandrakanth
Advocate, Vijayawada
98 Answers
10 Consultations

4.0 on 5.0

dear client,

Q1. if you know that thing is happen immediately u should file an injection suit in the court file. Yes Ur mother has write to anyone.

Q2. yes local MRO issue the legal certificate with the valid proofs.

Q3. if you want the share in the property u should move to gazette at any age even if u are govt.employee.

Q4. Yes but if the court ask any proof about your relation with proof? For Documentary evidence DNA is there and file declration suit in the court by putting u r mother as witness and present parents as respondents.

Hemadri Chandrakanth
Advocate, Vijayawada
98 Answers
10 Consultations

4.0 on 5.0

mother can only bequeath her share of property. your consent is not necessary

2)MRO can issue LHC

3) your birth certificate , school leaving certificate would reflect your father name

Ajay Sethi
Advocate, Mumbai
87973 Answers
6207 Consultations

5.0 on 5.0

1. Your mother has no rights to transfer the immovable property over which she has no right or title.

You need not be bothered even if she has already transferred some property because that is not binding on you in the partition suit.

You can file partition suit seeking your share and separate possession of the same, let them give a reply top court accordingly and the court to decide about its fate.

2. The revenue department shall furnish you the legal heirship certificate after discreet enquiry about the family details and the actual legal heirs of the deceased to succeed his estates.

3. For what you want to go for gazette?

specify.

4. Gazette has got nothing to do with the partition suit.

Your birth certificate will be the proper proof otherwise you only have to look for some other proofs to prove your actual biological father.

T Kalaiselvan
Advocate, Vellore
78131 Answers
1543 Consultations

5.0 on 5.0

1. Your mother is one of the legal heirs of your demised father in addition to all her children. So, in the worst case, she can deal with her share of your father's property only and not the entire property.If she has sold or transferred title of the entire property or more share of the property than she holds, the said deed of conveyance will come to lime lite when you shall file the partition suit and can be challenged by you at that time.

2. The Tehshilder of your area or the ward counselor of the local Municipal Corporation can issue the said legal heir certificate and before issuing the same they will require you to submit an affidavit in connection with your claim.

3. After executing the affidavit before a 1st Class Judicial Magistrate, you shall have to publish the gist of the notice in the gazette and also two local Newspapers, one being in vernacular.Your employment status or age does not come in the way in following the rule & procedure.

4. It appears that you have improper apprehension about gazette. Actually no body is expected to see the gazette. Have you so far seen any gazette in your life till date and read the entire gazette. this is a formality only carried out from the British period. However, you can file the partition suit before executing the affidavit (gazette publication comers as a consequence of the said affidavit) but it will complicate the said suit.You can pray for the DNA test of your mother with you to establish who is your mother and in that case she will affirm that you are her son through her husband. Certified copy of the title deed of your father's property cxan be collected by you from the local Sub-Registrar;'s office.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

1) Can my mother write property which is self acquired by B Father to anyone of my brother or sister without consent of other family members? - if she wished to give property yo anyone, then She can give only her share from the undivided property. Not more than that.

suppose it happens already what action can i take?- If she has given whole property to anyone then the other legal heirs can ask for his or her share. Firstly mutually, if no remedy then try alternative dispute resolution, still no remedy then file a case before the Court.

2) i am staying in Andhra pradesh . Can Mandal Revenue officer issue legal heir certificate based on enquiry and other proofs like family photos, videos ,wedding card. where b father name is mentioned .- "You can obtain a Succession Certificate through your Taluk / Thasildhar or through the District Civil Court (please note that a succession certificate is issued by a civil court to the legal heirs of a deceased person).

3) Can i go for gazette at this age (45) being a govt.employee ? - A gazette is an official journal, a newspaper of record, or simply a newspaper. If you wish then you can go for gazette.

4) Can i file a partition suit without going for gazette ? if yes, How i can prove my identity as son of B father? and i have no photo copy of property documents also? - first, you have to prove that you ate the legal heir of your biological father, then you have to show that you have not got your share after the death of your father who had died intestate. For such reason you are now before the Court to get remedy.

Moumita Mitra
Advocate, Kolkata
366 Answers
1 Consultation

4.0 on 5.0

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