• Can a minor suit be filed on behalf of a adopted child

My husband's grandfather had executed & registered a will wherein he had clearly mentioned that all his property should go to his only son and 4 grandsons thru his son.. However after demise of the grandfather and father who has not left any will of his own the four sons, my husband and his brothers executed a partition deed dividing one of the property into 5 parts - one part in favour of their mother (whole of the share inherited by my father in law) and one part in favour of each of them. (20% of the property). After registration of the partition deed does the property continue to be ancestral or it loose the status of being ancestral property earned by my husband's grandfather. The property was intentionally or intentionally partitioned equally thereby giving additional share to my mother in law. The property is earned by my husband's grandfather and inherited by my father in law not earned by my mother in law. is my son eligible for a any share in his grand fathers share of property

My mother-in law had executed a settlement deed and registered the whole of the property partitioned in her name in favour of her last son even though she is entitled to only 1/5 of the property inherited by her son and 1/4 of the property inherited by her elder son who had predeceased her during 1998.. We don't have a biological child but only have one legally adopted son(minor). Can a minor suit be filed by me on behalf of my adopted child to claim the property wrongly partitioned ifo my mother in law. Tentatively how long it will take for completion of the proceedings What alternative do i have if the case get dismissed against me during the course of the proceedings . Alternatively can my husband file a case to set aside the settlement deed. In case i am to file a minor suit on behalf of my son how long will it take to conclude the case and in case the case gets dismissed against my complaint what will be the financial obligation on my part. what are the options that can be included in my case - can i request to set aside the partition and insist on dividing of the property as per the registered will. Can i request to stop further sale or any other similar type of transactions on the property till the case is disposed off. In case the judgement is to come in my favour what can be the demands on my part to render justice.

Also my husband and his family members have entered into and registered a release deed in 2011 wherein one of the ancesteral property forming part of his grandfathers will was settled in my husband's name and consideration for the same was paid to all other family members including his mother which was clearly mentioned in the deed and acknowledged by all the releasees. Can my mother in law and her son who had inherited the share of my mother in law take any steps to repudiate the release deed.
Asked 4 years ago in Property Law
Religion: Hindu

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12 Answers

Dear Cleint,

By virtue of WILL, property already had become self acquired property of your husband (1/4th) after his father`s death. So status of ancestral never acquired. And partition is not valid as effects between joint owners and MIL was already disinherited by WILL. It should have been settlement or GIFT deed. so , MIL settlement deed also without ownership and void. MIL can have share from deceased son 1/4th.

Adopted child has no coparcerny right. Set side partition shall be filed by husband.

Release deed executed by paying money, no chance of revocation.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

After the partition the property is not ancestral it acquires the status of the self acquired property.

Since it was just purchased by grandfather and further partitioned the property is not ancestral and son does not have any share in the property.

The property is not wrongly partitioned it partitioned with consent of all the legal heirs further you and your son dont have any right in the property,

Further the registered release deed cannot be challenged you husband have right over the property.

In case of settlement deed the mother can only settle her share if more then that share is taken the same can be challenged before the civil court and such settlement deed can be revoked by the court.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Your son is not entitled any share in grand father self acquired property

2) it is not ancestral property

3) your husband can file suit to set aside settlement deed

4) seek injunction restraining sale of property

5) suit would take 15 years to be disposed of

6)once release deed is executed duly stamped and registered it is binding on parties .

7) it cannot be set aside unilaterally

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

You have stated that your husband's grandfather had willed that the property would first devolve on his son (your father-in-law) and then on his four sons (your husband and his three brothers). After the death of your father-in -law, his sons inherited the property by virtue of the said Will. Subsequently, they partitioned the property, and allotted a share to their mother too. In the circumstances, the partition entered into among your husband, his three brothers and his mother shall be valid in the eyes of law. Consequent upon the partition, the property lost its ancestral nature, and each was entitled exclusively to his/her respective divided share. As such, your son shall not be entitled to any share. As for the release deed, it cannot be legally challenged.

Swaminathan Neelakantan
Advocate, Coimbatore
1920 Answers
20 Consultations

4.9 on 5.0

1. The instant property is not an ancestral property for which your son is not entitled to lay his claim thereupon legally during the lifetime of your husband.

2. Your adopted son can file a sit challenging the settlement deed if found to be made improperly.

3. If the release deed has been registered before the registrar, it can not be challenged now unless it is alleged that the signatures were obtained by coercion or that the said signatures taken on the deed are forged.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

Suit would take 15 years to be disposed of

Ajay Sethi
Advocate, Mumbai
87911 Answers
6207 Consultations

5.0 on 5.0

1. The time to be taken by a Court to dispose of a case can not be predicted since it depends on many unpredictable actors. it also depends on the delaying tactics, if adopted by the opposite Party. However, ordinarily it takes 2 to 5 years for a case to be disposed of.

2 You never know whether a case will be dismissed or allowed but it will be certainly disposed of after completion of the hearings.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

The proceedings in the civil matters can take 5 to 7 years, same as in first case. Dismissal of the case can be on initial stage also if no cause of action is established.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

After the death of your husband's father, his four sons jointly inherited the property by virtue of their grandfather's Will. It was only after their inheritance and It was only out of their joint free will, did they partition the legacy whereby they intended to give a share to their mother also, though she was not an original beneficiary under the Will. It was a sort of family settlement, and not a partition in the strict sense of the word. The intention of the Testator of the Will was duly fulfilled when his grandsons jointly succeeded to the estate, in terms of the Will. Whatever was done later on, in my humble view, was absolutely outside the scope of the Will. As such, the partition cannot be questioned.

Swaminathan Neelakantan
Advocate, Coimbatore
1920 Answers
20 Consultations

4.9 on 5.0

It is clear from your contents that the property belonged to your grandfather in law.

Therefore it is not ancestral property in the hands of your husband or his siblings.

Since the beneficiaries of the Will decided to ignore the Will and distribute the property among themselves by a registered partition deed, the properties so inherited shall become their own and absolute property.

Further the property allotted to their mother shall become her own and absolute property.

Hence no third person can claim any share in such properties as a right.

Thus your adopted son do not have any rights in the property at least not during the lifetime of his adoptive father.

Any step you may intend to initiate in this regard claiming share for your adopted son will not be tenable or maintainable in law.

All your efforts will become futile.

Hence try for some peaceful solution in a family gathering.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

On a plain reading itself the court may not entertain any such petition or suit.

Therefore you may drop the idea of taking any legal steps for partition.

T Kalaiselvan
Advocate, Vellore
78070 Answers
1543 Consultations

5.0 on 5.0

Interim order will grant on filling of petition, than case will go for year or more. Depends on Lawyer.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

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