• Regarding property of my father

My father has two sons (I am the elder one). My younger brother has been adopted by my father's brother but no legal document but has been done only in ration card and Aadhar. Now my father' bro and his wife dead. Before dying his wife wrote all the property to my brother as a gift. Now my brother is asking for a share in my father's property too. Can i raise concern in my father's brother property. How can i tackle this case Please advise on this.

Note: my father is still alive.
Asked 4 years ago in Property Law
Religion: Hindu

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17 Answers

See the best way would be you ask your father to gift the property to you by this way this wont cause any issue as father still alive.

in case your father does not transfer the property by gift then on his demise you have to contest a civil suit to prove your brother was adopted through ration card adhaar card and the other documents, so he has no right over the fathers property,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Your brother has no share in property standing in father name during his lifetime

2) on your father demise intestate he would have equal share in property

3) there is no evidence that your brother was given in adoption. No giving and taking ceremony was done . No deed of adoption executed

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

Let me do but he will not be entitled to the share.let him file the suit you appoint a lawyer and contest the same

Prashant Nayak
Advocate, Mumbai
27234 Answers
88 Consultations

4.4 on 5.0

hello,

an adoption deed is made but it is not compulsory. your bro had been adopted by your uncle, he is listed in govt record as his son that is sufficient. your uncle's property would go to your bro as he was now the legal heir. but after being adopted all his legal ties with your and your parents were severed from him and therefore he can't claim anything as of right.his demands are illegal and should be ignored, he will find no success in the courts too.

regards

Rahul Mishra
Advocate, Lucknow
13755 Answers
65 Consultations

5.0 on 5.0

1. What was the age of your younger brother when he was adopted?

2. Adoption is possible only through a registered deed of adoption to be executed by the biological parent(s) in favour of adoptive parent(s). Your brother continues to be the biological son of your father for all legal purposes.

3. Mere incorporation of your father's brother's name in place of father's name in the ration and adhaar card of your brother does not constitute adoption.

4. The property of your father has devolved through succession on his both children equally.

5. The gift made by your uncle's wife in favour of your brother is also valid as the owner can gift his property to anyone including a total stranger.

Ashish Davessar
Advocate, Jaipur
30761 Answers
971 Consultations

5.0 on 5.0

1. no claim can be made when father is alive

2. even after your father's demise, the cousin brother cannot claim in your father's property, as he is not even a legal heir in presence of class 1 legal heir i.e you

Yusuf Rampurawala
Advocate, Mumbai
6878 Answers
79 Consultations

5.0 on 5.0

Dear Client,

IF your father is still alive, he can transfer his properties in his life time via GIFT or through WILL after his demise.

Son have no claim in father`s property in his life time and he can disinherit his child.

And without valid adoption deed, adoption is not valid. So after father death, he will inherit share in property if farther died intestate.

So, ask father to execute GIFT deed or WILL in your favor.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. ADOPTION procedure has to be conducted by following due procedure of law, through a Court only. ELSE the oral or social adoption is illegal, for all purposes.

2. In view of above, younger brother CANNOT be said to be legally adopted by Father's brother.

3. GIFT Deed by Father's brother family, is final and irrevocable and Gift Deed does not require to be a Legal Heir. You could have claimed property of deceased persons, ONLY IF the uncle/aunty had died without making a will .OR. a will in your favor too.

4. Younger brother legally is still the EQUAL Legal Heir of your Father, for claiming his 50% legal heir rights over his fathers property. HOWEVER this right is claimable ONLY IF Father dies without making any will. IF your father writes a will in your sole favor, ONLY then you derive 100% rights on your fathers property, BUT only after this demise. HOWEVER your father can Gift his entire 100% property to you TODAY, without any further legal reference /rights of your younger brother.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5612 Answers
25 Consultations

5.0 on 5.0

Hi

1) In general for adoption, it is the customs and rituals that are generally considered for adoption Hindu Adoption and Maintenance Act (HAMA) 1956 .

2) Till the year 2000, no registration of adoption was legally necessary and it was through custom that the adoption of children was done.

3) So your brother cannot now deny the adoption and claim the share from the biological father estates.

4) Also if the school leaving certificate, ration, aadhar card etc bear the name of your father''s brother as adoptive father, then your brother cannot claim the fact of adoption perse.

5) Also since your father is alive, your father can testify in the court that the brother was indeed adopted by his brother.

6) Also , you should be aware that law of limitation will be applicable in this case.

Right to sue for declaration relating to status of adoption arises when the adoption is denied.(Reddy Subbarao (Died) Per L.Rs. vs Nunne Venkataramanna And Ors. on 5 January, 2007, AP high court)

7) Your brother cannot now claim that he was not Adopted at all, as ideally if your brother is aged about 21 years, he should have contested the adoption on or before he reaching 25 years and not later than that.

Hope this information is useful.

Rajgopalan Sripathi
Advocate, Hyderabad
2169 Answers
394 Consultations

5.0 on 5.0

This is my response to you:

1. Your brother cannot stake claim on the property of your father especially when he is still alive;

2. Your brother also cannot be legally called your brother if there is no valid adoption deed;

3. You must file a suit against him in the court of law;

4. Also seek injunction orders against him and seek orders from the court that he should not be seen near the property premises;

5. You will have to approach the court at this belated stage, therefore do the needful.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

1. The adoption if valid makes the adopted child dis-entitled to inherit any property from his biological parent.

2. now if there is no proof of his adoption then the ration card or aadhar card would be circumstantial evidence to prove the adoption.

3. Si if your brother files a suit for partition to claim his share then you can rightfully claim his adoption to relinquish his claim for partition.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Since your brother was not legally adopted by your uncle he will remain as your father's son for all the reasons.

The proeprty he acquired from his so called adoptive parents was by a registered gift deed only hence it cannot be construed that he is their adopted son.

During your father's lifetime, nobody including you can claim any share in his property.

T Kalaiselvan
Advocate, Vellore
78059 Answers
1543 Consultations

5.0 on 5.0

At what age father gifted the property. If before age of 60, than he cannot revoke gift deed.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

Father cannot cancel gift deed unilaterally

2) he needs court orders to set aside gift deed

3) chances of success of father are bleak

Ajay Sethi
Advocate, Mumbai
87901 Answers
6207 Consultations

5.0 on 5.0

hello

the gifted property cannot be reverted back to the donor under any circumstances. senior citizens can nullify the gift deed only if they can prove that you were not taking care of them.

the deed has to be seen in its entirety in order to arrive at a conclusion.

regards

Rahul Mishra
Advocate, Lucknow
13755 Answers
65 Consultations

5.0 on 5.0

Dear Sir,

Your property is intact as gift deed cannot be cancelled without your consent. Secondly you can try to claim your uncles property saying it is HUF property. The law is as follows.

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Gift Deed – once registred no cancellation

A gift is a money or house, shares, jewellery, etc. that is received without thought, or merely an asset acquired without making a payment against it and is a capital asset for the ‘Recipient.’ It can be as cash or movable property or immovable property.

If you might want to gift the property to any of your blood relatives, Gift deed can be used. In the case of immovable property, it is required to register the Gift Deed as per Section 17 of the Registration Act, 1908.

This kind of transfer is unavoidable. When you gift the assets like land, it belongs to the beneficiary or receiver of the gift and you cannot switch the transfer or even ask money related compensation.

It can be a cost effective method of transferring the ownership.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

This is my further response to you:

1. Your father can cancel the gift deed or revoke the same under section 23 of Maintenance of Senior Citizens Act;

2. Therefore make sure that your father does not revoke the same;

3. Convince your father to be on your side.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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