1. Mam, if you are adopted by a valid adoption deed and there isd proof to establish your adoption they cannot refuse you share from mothers property.

2. File for succession certificate for the movable debts such as FD, bank account money, jewellery.

3. Further for property file a partition suit before the civil court for your share.

Firstly, mam it is irrelevant for he fact that whether you are adopted or not with regard to the property either anscestral or self acquired.

Secondly, you please first appt for Succession certificate showing your relation with your mother before the judge.

Thirdly, then file a suit for your share in the above mentioned properties as there is no will.

Fourthly, you can use your school certificate, college certificate, Aadhaar card, brother is card or pan card to show that she was your mother by linking your father name in all such documents and she is his wife.

Rest you can consult me through for further future litigation or consultation over phone through Kanoon.

According to Section 8 of the Hindu Succession Act, 1956, your father’s assets would devolve upon his Class I heirs. Class 1 heirs include a son; a daughter; a widow; a mother; a son of a pre-deceased son; a daughter of a pre-deceased son; a son of a pre-deceased daughter; a daughter of a pre-deceased daughter; a widow of a pre-deceased son; a son of a pre-deceased son of a pre- deceased son; a daughter of a pre-deceased son of a pre-deceased son; a widow of a pre-deceased son of a pre-deceased son.

Although the expression 'daughter' is not defined under the Hindu Succession Act 1956, it would include both a natural born daughter as well as a daughter adopted in accordance with the law relating to adoption among Hindus.

So, you are eligible for an equal share in your mother's property.

First of all whose property it is means is it jointly owned by your parents or only your mother is owner . The female intestate succession is further dependent on the source from which the property was received by the deceased female. Since your mother died without leaving a Will you your sister and your father will succeed to her estate. If they deny your right file a suit for partition and separate possession along with injunction to restrain them from disposing off the property.

1. If the adoption for yours was rightly done then you are legal heir along with sister.

2. So on death of your mother both of her daughters will inherit her property i equal share.

3. Now if you are not getting your half share in the property left by your mother you can file a case for partition before local civil court wherein you will be given your half share by metes and bounds along with share in the movable assets.

You should apply for a succession certificate in civil/SDM court. Succession Certificate (SC) is required when somebody inherits any immovable or movable property under the various relevant Laws in the country.

You can file a suit for partition for the property owned by your mother, if your father and siblings are unwilling to give you rightful share. Also consider filing a suit for granting you injunction in your favour. An injunction is an equitable remedy in the form of a court order that would compel your family not to dispose off the property. A party that fails to comply may be punished by possible monetary sanctions and even imprisonment. They can also be charged with contempt of court.

Regards.

Dear Sir/Madam, you are legally adopted son of your adopted mother, you are every right to get your respective share in the property and others things of your mother along with sibling, father. All the best.

You can claim your share by giving evidence of Adoption Document. You need not worry.

The property of a female Hindu dying without a will shall devolve according to the following rules:

(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.

So after the death the whole property of your mother (movable and immovables )equally distributed among you , your sister and Father. Adoption” means the process through which the adopted child is permanently separated from his biological parents and become the legitimate child of his adoptive parents with all the rights, privileges and responsibilities that are attached to the relationship. So you have also right over the property of adoptive mother. Claim all things of deceased mother

1. You will have to apply for grant of letters of administration from court

2. Your father and sibling will oppose the grant

3. So the petition for letter of administration will get converted into a suit

4. The court will then decide the entitlements of the parties

5. Another option is to file a partition suit to claim the 1/4 share of each sister

6. Take out application for grant of urgent reliefs in that suit and obtain stay against your father and sibling to not create any third party rights in your mother's property

whether any adoption deed was executed?

2) whether giving and taking ceremony was performed?

3) if so you have equal share in FD , money lying in bank account , jewellery , house etc

4)you can file suit for partition to claim your share in said property

5) seek an injunction restraining sale of house and other assets by your father and your siblings

Dear Sir,

The adopted child has all rights equivalent to the rights of natural child. You can exercise such rights through Civil Court. If you could send the facts then I can draft a Legal Notice which is a basic requirement before initiation of any civil proceeding. Please deposit the amount with the Management of Kaanoon.com

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Adopted son no less than a natural son to inherit his father’s properties, reiterates SC [Read Judgment]...

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.(copy of judgment is with me)

1) You have apply in the court for succession certificate and legal heirs in the court and submit in the bank, you will get your equal share automatically.

1. IF you are legally Adopted, by following due procedure of law (documentations) THEN you have EQUAL rights to ALL your deceased Mother's properties.

2. IF other legal heirs create dispute, THEN the only recourse to get the properties thru proceedures filed before the civil courts, since there is no will of mother.

Keep Smiling .... Hemant Agarwal

You have equal share along with others in mother share, apply for partition.

If you are a legally adopted child of your parents then you are entitled to a legitimate share at par with your father and the other sibling in all the properties, whether movable or immovable.

You may file a partition suit if they dont agree to give your rightful share in it.