The property is in Jaipur I am staying with my wife in my relative home(shakuntala's home). My wife is adopted with registered Adoption in 1980. She was adopted by Kamla Devi and Ramdev (Ramdev - self owned property owner) Ramdev died in 1985. Issue is Kamla Devi did a released Deed to her Son's(son is also died) Wife- Shakuntala (widow) in 2015, which is duly registered, she has Electricity and Water bill under her name. Kamla Devi Died in 2018. Now Shakuntala wants this property and asking us to empty the property. Since Kamla Devi's husband Ramdev didn't have any will, so my adopted wife of Ramdev has equal right on this property. We forgot to challange the release deed in 2015. and the Deed is registered now. How should we take this matter. Shall we file a case or any other option please advice
And How long it take to resolve the matter in Court...Since Shakuntala wants entire share of this property.
By the Way my wife who is adopted ...is a Granddaughter of Ramdev,. So Ramdev had 2 kids both are died. one son..Husband of Shakuntala and one my Mother in Law.
Dear client,
Property is self acquired and adopted girl has equal share after her adopted father demise. Kamla could have released her share only and release of more than her share, release deed invalid for excess share.
Why you bothering, let shakuntala take legal recourse than you will get relief from court.
Dear Sir,
You can file a suit for permanent injunction since you are in permissive and settled possession of property. You cannot be disturbed without a court order. Apart from this as a adopted daughter you are staying in the property. If they come with release deed then you can attack it saying it is a forged and concocted deed and said deed without possession is invalid.
1) refuse to vacate
2) let Shakuntala file eviction suit
3) suit woukd take years to be disposed of
4) you don’t ha ve right on the house as Kamla Devi has relinquished her share in property
But now they have come and staying in one room. what if they sell the property to a goons and the goons forcefully throw us out ? also what if they took a mortgage and later don't pay to the banker. Would they remove from the property ?
suit would take 10 years to be disposed of
Once relinquishment deed is registered duly stamped and registered you would have no share in property
Than you should file injunction suit so that your share holding cannot be interfered with.
You cannot be forcibly evicted as you have been on possession of premises for last 38 years
they woukd need court orders to evict you
She can file a suit for partition of the property and her share in same since on demise of Ramdev she had equal rights kamla devi can only alienate her share cannot alienate complete property to son.
You can file an interim injunction application to maintain the status quo of the property , shankutala cannot get the complete property since there was no will by ramdev.
See if legally adopted she shall have the share and can file for partition of same.
See if legally adopted she shall have the share and can file for partition of same.
See file suit the court will grant injunction they cannot sale the property further the goons cannot through you out you can take help of police. File a suit and take interim stay she shall get the share.
there has to be legal considerations in this case. Please collect all the necessary document and contact an advocate so that it can be resolved on immediate basis.There has to complete legal process.
1. The owner of property was Ramdev. Hence, his wife Kamla Devi could have executed a release deed only to the extent of her share in the property, not beyond it. She could not release what she never had.
2. If Kamla Devi has executed release deed for the entire property then remedy in hands of your wife is to file a suit for declaration to declare the release deed as void and seek partition to cull out her share.
They can do the above to encumbrances. You can file a suit to challenge the release deed now without condonation of delay
Your wife being a legally adopted daughter has equal rights in the property left behind by her adoptive father who is reported to have died intestate.
Her adoptive mother can relinquish her rights insofar as her share in the property and not the entire property.
Your wife need not bother about the release deed, she can file a partition suit claiming one third share in the property which cannot be denied by Shakuntalka.
It may take years to get disposed however she may get an ad-interim injunction till the disposal of suit to not to alienate the property.She can file a partition suit immediately
Since your wife is a legally adopted daughter, she is entitled to one third share in the property.
In the same partition suit you may file an application seeking ad interim injunction restraining them from alienating or encumbering the property in any manner till the disposal of suit, nobody can dare to sell the property during injunction in force, because it will be termed as contempt of court.
