• Legal heirs

I am the only legal heirs for my uncle & Aunty from my parents side. They have took and cared me from the age of 3 months. They don't have any children's. Now I am 33 years old. Both have passed away leaving me as their legal leirs. They have not done any adoption deed. In all my school records I have only my biological parents name. Pls advise as per legally can I have rights to claim on there property.
Asked 7 years ago in Property Law
Religion: Muslim

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17 Answers

If there is no legal heir to them like parents or brothers then you claim the share if there are legal heirs then they shall have rhe claim as there is no will.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

See if uncle aunt are brother and sister of the deceased they can claim the share.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

 

1) there is no question of adoption in Muslim Law. 

2) you don't have any rights in your uncle aunty property. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

If property is belongs to your uncle then his brother son's have rights in said property.. 

Mohammed Mujeeb
Advocate, Hyderabad
19388 Answers
32 Consultations

You can claim it but If some other legal heirs file the claim they will challenge your heirship

Prashant Nayak
Advocate, Mumbai
34752 Answers
252 Consultations

1. Since they have brought you up as their children does not make you their sole legal heir.

2 . If they do not have children from their wedlock then their property would devolve upon class-II legal heirs which would include their own brother and sister.

3. You also belong to class-II legal heir.

4. So you along with your other uncle and aunts will inherit their property in equal share.

Devajyoti Barman
Advocate, Kolkata
23670 Answers
538 Consultations

You have no rights on their property 

 

2) no deed of adoption was executed by your biological parents in favour of adoptive parents 

 

3) no Will was executed by uncle and aunty in your favour 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

 

legally your uncle aunt siblings would inherit their property on their demise 

Ajay Sethi
Advocate, Mumbai
100092 Answers
8174 Consultations

1. You are not their legal heir. Merely because they have raised you as their son it does not make you their legal heir unless of course there is an adoption deed.

2. The property of your uncle will devolve on his brother if there is no Class 1 heir. You do not succeed to the property.

Ashish Davessar
Advocate, Jaipur
30843 Answers
982 Consultations

1) As per Indian Succession act all properties of your uncle and aunty will be get distributed among class I and class II heirs.

 

2) Kindly let us know the relationship of all legal heirs like who so ever is claiming are brother,sister, nephew etc.

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Dear Sir,

An adoption without valid paper work i.e an adoption which is not admissible under the Hindu Adoptions and Maintenance Act, 1956. But in the absence of any documentary evidence to prove that you have been adopted by your uncle the burden of proof lies on you and through oral and other circumstantial evidences you can prove your case i.e you are really adopted by your uncle on such and such period. 

In the famous case titled Addagada Raghavamma And Anr vs Addagada Chenchamma And Anr 
Equivalent citations: 1964 AIR 136, 1964 SCR (2) 933 the court held that "It is well settled that a person who seeks to displace the natural succession to property by alleging an adoption must discharge the burden that lies upon him by proof of the factum of adoption and its validity. Their Lordships went on and said that 'ordinarily' an only son is neither given nor taken in adoption."

"An adoption would divert the normal and natural course of succession. Therefore the court has to be extremely alert and vigilant to guard against being enshared by schemers who indulge in unscrupulous practices out of their lust for property. If there are any suspicious circumstances, just as the propounder of the will is obliged to dispel the cloud of suspicion, the burden is on one who claims to have been adopted to dispel the same beyond reasonable doubt. In the case of an adoption which is claimed on the basis of oral evidence and is not supported by a registered document or any other evidence of a clinching nature, if there exists suspicious circumstances, the same must be explained to the satisfaction of the conscience of the court by the party contending that there was such an adoption."

Hence if you can prove your adoption through strong oral evidences and other circumstantial evidences then you will have an absolute say in your uncle's property otherwise you will be one among the other Legal Heirs who would have their share accordingly.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Hi, 

You may claim the property on the basis of being next of kin and giving the affidavit. You may also file the declaration suit in this regard. 

Ganesh Singh
Advocate, New Delhi
7172 Answers
16 Consultations

When there is no adoption deed you cannot be a legitimate heir. The property of the deceased shall devolve on the basis of intestate succession .

My number is available in google. 

Regards 

G.Rajaganapathy 

Lawyer 

High Court of Madras. 

Rajaganapathy Ganesan
Advocate, Chennai
2306 Answers
8 Consultations

Proeprty will inherit in uncle siblings. Who expired first uncle or aunty 

Yogendra Singh Rajawat
Advocate, Jaipur
23086 Answers
31 Consultations

You have to file a succession petition at the district court through a local lawyer and get a court order in your favour, in order to establish your claim legally.

Swaminathan Neelakantan
Advocate, Coimbatore
3088 Answers
20 Consultations

You cannot be a legal heirs of your deceased uncle and aunty.

Her own relatives i.e., parents or his own parents or brothers shall become his legal heirs 

You can apply for succession through a court of law on the basis of the information what you have provided here, if the court accepts your  request then you may get the succession certificate or  else you cannot succeed to their property.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

You approach court and convince the court about your status and relationship with the deceased  uncle and aunt, if the court is satisfied then you will get the succession certificate after which you  can  claim the rights  in their  property.

 

T Kalaiselvan
Advocate, Vellore
90295 Answers
2513 Consultations

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