Your aunt had adopted a child
2) on aunt demise her husband and adopted child would inherit his property
Regarding legal heirs
Dear Sir, Let me give some background. My Grandfather(Paternal) had only one son and two daughters and he gave each house to everyone. Later the youngest daughter(who didn't had any kid) adopted a female child from the eldest daughter(she had five daughters). After few years the youngest daughter sold the property which was on her name and constructed a new house and she married that adopted kid with my elder brother and she passed away in 2008. Presently my elder brother is living in that house. We are totally 3 grandsons and I would like to know whether we are legal heirs of that property as the property actually belonged to my grand father and also my aunt(puppu) did not had any biological child. Please advise what needs to be done in this regard. Thanks
Asked 5 years ago in Property Law
Religion: Muslim
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18 Answers
Hello,
- As the property was given to your puppu by your grandfather, it became hers by virtue of the same.
- Now if her husband is alive he and the adopted daughter would equally inherit the property. It does not matter of she was adopted and not biological child of the deceased. The adopted child acquires the same rights.
There are many problems in your case. As per the muslim law a person cannot divide his property as per his wishes. He may give only 1/3 of his property as per his wishes. The other 2/3 has to be distributed as per the sharia law.
Secondly there is no such thing as adoption in Muslim law. It has become legal after 2014.
Now you should explain what you want.
1. The adoptive daughter shall have complete rights on the property in absence of any will. The proof of adoption is required to prove the adoption in absence of that the brother sister of youngest aunt shall have legal right over the property.
If property belongs to grandfather and it's ancestral then all will have rights on the same. If the same needs to divided equally through Mutual consent then you need to execute registered partition deed. If there is no consent then you need to file partition suit
The house properties allocated to his three children by your grandfather by a registered deed shall become their own and absolute properties.
Thus the house or the property allotted to your deceased paternal aunt shall become her own property.
She sold her property and bought a new house property which is again her own and absolute property.
If she had adopted a child properly as per law then the property left behind by her shall belong to her own legal heirs namely her husband and her adopted daughter.
This is not an ancestral property that you can claim a right over it.
Thus other than your deceased paternal aunt's own legal heirs nobody can claim any share in the property left behind by her as a right including your elder brother in the capacity of her son in law.
.
File succession Certificate petition
You are eligible
Ans: Yes you are the legal heirs so you are eligible for the share in the property.
Hello,
The house that was given by the grand father was given to them after sale of some ancestral property or he divided his self acquired property amongst all the legal heirs?
Regards
If the adoption elder daughters child was valid and the child alone was successor of the property left by the youngest daughter and on her death the adopted child or any children born out of her are the inheritor and no one else has any share therein.
1. Islam does not recognise adoption. It has nothing similar to that what is laid out in Hindu law. The only thing that Muslim law recognises is ‘Acknowledgment of Paternity’. It is the principle which establishes legitimacy of the child. Where a Muslim acknowledges a child to be his legitimate child, the paternity of that child is established upon him. It cannot be availed of to legitimise a child known to be illegitimate.
2. In the celebrated judgment of Shabnam Hashmi v Union of India, the Supreme Court declared that the right to adopt a child by a person as per the provisions of Juvenile Justice Act would prevail over all personal laws and religious codes in the country. However, the court maintained that personal laws would continue to govern any person who chooses to submit himself until such time that the vision of a uniform civil code is achieved.
3. The adopted female has no share in the property.
4. Muslim law recognises two types of heirs, firstly, sharers, the ones who are entitled to certain share in the deceased’s property and secondly, Residuaries, the ones who would take up the share in the property that is left over after the sharers have taken their part.
5. Under the Muslim law, distribution of property can be made in two ways, firstly per capita or per strip distribution. Per – Capita distribution method is majorly used in the Sunni law. According to this method, the estate left over by the ancestors gets equally distributed among the heirs. Therefore, the share of each person depends on the number of heirs. The heir does not represent the branch from which he inherits.
6. The heirs of deceased daughter are her siblings and where the siblings are dead, children of deceased siblings.
1. When Paternal Grandfather gave one house to his youngest daughter, THEN such youngest daughter becomes "Absolute Title Owner" of that house and Grandfather or his other residual legal heirs have no right /stake left in such property, in any manner whatsoever.
2. Duly Adopted Child becomes the legal heir of youngest daughter and such major child steps into shoes of youngest daughter and becomes the "Absolute Title Owner" of ALL properties that belonged to youngest daughter. No other residual legal heirs have no right /stake left in such property, in any manner whatsoever.
Dear Sir/Madam,
It is informed that the adopted child get all the rights as if she/he was biological to that parents. Thus, that adopted daughter has all the rights of the property of your aunt. And you may not claim your rights in that property.
But she had adopted the daughter of her sister. Adopted child have same inheritence right of biological child.
Adopted child is only heir to her property.
Through what mode she was adopted and through which document, grand father gave property to his 2 children ? Can have a solution.
In Muslim personal law, there is no concept of "Adoption", unlike in Hindu Personal Law.
Thus, the adoption is not valid, and only legal heirs will inherit the property left by deceased.
In your case, the husband of your Aunt will inherit the property left by her.
Your uncle (Aunt's husband) can gift the property to you, by doing so, the property can be transferred to you.
In Muslim personal law, oral Hiba (gift) is also acceptable.
Please see the following.
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Section 8 in The Hindu Succession Act, 1956
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General rules of succession in the case of males.—The property of a male Hindu dying intestate shall devolve according to the provisions of this Chapter—
(a) firstly, upon the heirs, being the relatives specified in class I of the Schedule;
(b) secondly, if there is no heir of class I, then upon the heirs, being the relatives specified in class II of the Schedule;
(c) thirdly, if there is no heir of any of the two classes, then upon the agnates of the deceased; and
(d) lastly, if there is no agnate, then upon the cognates of the deceased.
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Section 15 in The Hindu Succession Act, 1956
- 15. General rules of succession in the case of female Hindus.—
(1) The property of a female Hindu dying intestate shall devolve according to the rules set out in section 16,—
(a) firstly, upon the sons and daughters (including the children of any pre-deceased son or daughter) and the husband;
(b) secondly, upon the heirs of the husband;
(c) thirdly, upon the mother and father;
(d) fourthly, upon the heirs of the father; and
(e) lastly, upon the heirs of the mother.
(2) Notwithstanding anything contained in sub-section (1),—
(a) any property inherited by a female Hindu from her father or mother shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the father; and
(b) any property inherited by a female Hindu from her husband or from her father-in-law shall devolve, in the absence of any son or daughter of the deceased (including the children of any pre-deceased son or daughter) not upon the other heirs referred to in sub-section (1) in the order specified therein, but upon the heirs of the husband.
1. The property will devolve to legal heirs of adopted daughter and not to all legal heirs of grandfather.
2. You all cannot claim the property as only husband of deceased will become owner of her inherited property.
in shariah law adopted children have no shares in inheritance.
If a Muslim woman inherits property from any relation (husband, son, father, mother), she becomes the absolute owner of her share and can dispose it. If a Muslim woman wants to make a will, she cannot give away more than one-third share of her property, and if her husband is the only heir, she can give two-thirds of the property by will.
as per muslim personal law Brother and sister of your aunt i.e., your father and other paternal aunt are legal heir. they can claim equal share. adopted daughter has no share in mother property
