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.
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.
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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.
My Uncle & Auntys relatives are claiming for shares in the property. Don't know what to do. Pls advise as per the law.
1) there is no question of adoption in Muslim Law.
2) you don't have any rights in your uncle aunty property.
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.
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
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.
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.
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.
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.
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.
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.
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.