• Regarding my ancestors property

My Grand fa has two sons and three daughters. The younger son he has given for his brother(Who has no child) But no Adoptive agreement has done). My grand fa has written all the property to my father and in the same way younger son has got full property from his adopted father. Now the younger son is asking for half of my father share . Does this Valid will my father has right to defend?.Please advise what steps we can take further
Asked 6 years ago in Property Law
Religion: Hindu

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18 Answers

This is my response to you:

1. Since the property is ancestral property therefore each one will get share in the property;

2. The property will be divided to every legal heir of your grandfather;

3. Class I and Class II heirs will also get share in the property;

4. Therefore engage services of a lawyer to understand the concept of the same;

5. Ancestral property cannot be gifted to one person.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

Hello,

If the gift is a registered one then you have nothing to worry if it was a self acquired property.

Hope this helps.

Regards

Swarupananda Neogi
Advocate, Kolkata
2963 Answers
6 Consultations

4.7 on 5.0

Sir nature of the property is to be seen first of all that it is ancestral property or not.

If it is ancestral property then all will have equal share and your grandfather cannot solely give to father but in case the property is inherited after partition then in that case it shall be treated as self acquired property of the grand father and the will is valid it cannot be challenged.

For further proving adoption you need registered deed or at least proof that he was given in adoption, like give and take documents further name in the records,

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

How was property given to your father .?

2) if it was done by will your father would inherit that property

3) younger brother has no share in property

4) if grand father had executed gift deed during his lifetime your father would be absolute owner of property

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1. Without registration of adoption deed, no adoption is legally valid.

2. So, his claiming his so called adoptive father's property is illegal.

3. If he claims his so called adoptive father's share of the property as his adopted son, he can not claim the share of of the property of his biological father.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

If your brother has got the share in the ancestral property show the adoption then you can contest of his claim of share in the property of your father.

The matter may be defended if there is any partition suit filed by your brother

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

4.9 on 5.0

Your father is the absolute owner of the property as the property was either gifted or willed away to your father. the adoptive brother will have no share. If you can obtain documents which show the father name for your uncle as the adopting father's name, that would prove that your uncle was given away in adoption as per customary trust between the parties and no written agreement was done.

Shaveta Sanghi
Advocate, Chandigarh
914 Answers
111 Consultations

5.0 on 5.0

hello,

A perfectly valid adoption can be made without an adoption deed and any status which the adopted son gets by the adoption is due to the proper ceremonies being performed and not to any deed passed as evidence of that adoption. therefore, if the people acknowledge the adoption, there is no need for a deed.

the person who gets adopted severs all ties with his biological parents and takes on his adoptive parents as if they were his real parents. therefore he has no right in his biological fathers property. merely stating something does not entitle anyone to be the shareholder too.

regards

Rahul Mishra
Advocate, Lucknow
14083 Answers
65 Consultations

5.0 on 5.0

1. I younger brother has inherited property from his adoptive father then the adoption is considered to be valid and he can not claim from his biological father.

2. So do not worry as he can not claim property from both adoptive father and biological father as well.

3. SO envoy your property and if he claims yours then his inheritance of property from his adoptive father will your case.

Good luck.

Devajyoti Barman
Advocate, Kolkata
22779 Answers
484 Consultations

5.0 on 5.0

If the property belonged absolutely to your grandfather and if had transferred the same to your father by a registered deed then this cannot be challenged by your paternal uncle.

If not, if your grandfather is not living, then the entire property will devolve on all his five legal heirs.

Confirm the status and revert.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

By what mode property given to your father ?

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

Property Once Gifted cannot be revoked and becomes your father`s personal property and in G F`s life time, son do not have any claim in the property.

G F personal property, and she can give it to any one. Not ancestral.

Without registration adoption not valid, and till GF brother do not adopt him or execute a WILL/GIFT in his favor, he has no inheritance right in his properties.

Yogendra Singh Rajawat
Advocate, Jaipur
22596 Answers
31 Consultations

4.4 on 5.0

1) once property gifted to your father by registered gift deed your father would be absolute owner of property

2) your uncle has not been adopted . Your grandfather is at liberty to transfer property to your uncle

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

1.Sir in ancestral property still the brother can ask but in case his adoption is proved that he was given in adoption in that case he shall have no right.

2. See property can be given in gift but for adoption the status changes and that has to be proved before court. Further property does not go to government as there are other legal heirs present.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

1. If the settlement of property by your grandfather to your father was executed by a registered deed, then your father becomes the absolute owner of the said property.

Your paternal uncle canot claim any share in it as a right.

2. The acquisition of the property alone will not be considered as an adoption, actually the subject called adoption is different to the current subject.

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

You can challenge the same in Court. If he has got his share he can't ask again.

Prashant Nayak
Advocate, Mumbai
31807 Answers
175 Consultations

4.1 on 5.0

Hi

1) According to Hindu Adoptions and Maintenance Act, 1956, after adoption, the adopted son/daughter lose all the rights of a son/daughter in their biological family, including the right to claim any share in the estate of the biological father or relations, or any stake in the coparcenary property.

2) Also, in your case, the grand father is still alive and hence the property has been actually gifted by your grand father to your father .

3) Hopefully the gift deed (executed by your grand father to your father) is a registered gift deed. If there is no registered gift deed, your grand father will need to come to court to testify that he has executed the gift in favour of your father.

4) Since the property is hard earned property of your grand father, it is his self acquired property and as such your grand father is right in gifting the property to your father.

5) People generally confuse between ancestral property and grand father's property. If the property acquired by grand father out of hard work, then the property is a self acquired property of grand father and the grand father can do any thing (Execute a gift/WILL/Sale) of the said property during his life time and his son's, daughter's cannot claim any share whatsover from the said property.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

1. If a gift deed has been registered in favour of your father by your grandfather, then your father is the title holder of the said land.

2. If your Uncle has registered a gift deed in favour of your brother then he will have title of the said gifted property but for the said gift deed, your brother will not be considered as the adopted son of your Uncle. Adoption Deed is required to be registered for taking some one in adoption.

3. Your uncle's property, if not conveyed to anyone, will be inherited by his legal heirs including yourself and will not go to the Government.

4. If your brother has managed to get the title of your Uncle\'s property transferred in his name claiming to be his adopted son and against claims your father's properties after the demise of your father, then you can challenge his said claim and also file a partition suit claiming equal share of your Uncle's properties along with your brother.

Krishna Kishore Ganguly
Advocate, Kolkata
27191 Answers
726 Consultations

5.0 on 5.0

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