I have adopted a child in 1997 .adoptition is registered with registration authority. I have four married daughters. my age is 90 and I am conscious .I have 11acre agriculture land . I have made transfer of this land in favour of adopted child and his wife who are taking my care.now can adopted child sell son or his wife sell some part of land for my medicine expenses ?can my own daughters claim share in this land as per succession act 2005 ?kindly guide me.
Asked 2 years ago in Property Law from Parbhani, Maharashtra
1)how has transfer taken place? was it by gift deed ?
2) since it was your self acquired property you are free to transfer it in favour of adopted son by gift deed
3) adopted son is absolute owner of the property and can sell part of the land
4) your daughters cannot claim share as it is not ancestral property
Madam you must mention by which method you've transferred the the property, then only we'll able to tell if your daughters can claim or not. If it is through gift deed, then they can not claim.
If the property transferred in your adopted child's name is your self acquired property,then the transfer is very much valid and it cannot be questioned by other children.
If the property is ancestral in nature and was inherited by you then you do not have any right to make a transfer of the entire property in your adopted child's name, because you have limited share in the inherited ancestral property which gets divided further among you and your own children equally. Therefore you are entitled to transfer only such portion of land which becomes your own property for the benefit of your adopted child.
The adopted child has full rights after the transfer is effected in his favor by executing a registered document in his favor hence he can very well sell a portion or the entire property for any purpose including to take care of you and your medical expenses. Your daughters cannot question about it nor they can interfere in it.
1. You have already conveyed the title of your property in favour of your adopted son,
2.Hope you have made valid gift deed in favour of your said adopted son,
3. since he is the absolute owner of the said property he can very well sell the entire or any part of the said property for any reason,
4. Your daughters have no right on the said property.
1. After the transfer of land to your adopted child and his wife the ownership has transferred to them. So unless the transfer made by you is conditional they are at liberty to sell the land and apply sale proceeds towards your medicines.
2. Your daughters cannot claim any right to succession in the land.