What was age of C when he was adopted ? Kindly clarify
obtain details as to how property of B was transferred in name of your siblings
Property share
A and B are husband and Wife. My Father is C. Also A and B are Uncle and Aunty of C .I Am D and my younger Brothers are E F and G After death of A, B asked members of her in-laws property share of her husband.But they Denied saying you don't have any kids what you will do with the property. So B Decided adopt C. After adoption she had to fight for the Husband's property in court and after about 20 years court gave order and this order gave her 53 acres of property spread in 6 survey numbers. By the time property reached B ,C was her son and C also has his childrens( Grand Children of B) In such case Is C have any Rights in property of C ? Also by the time B got Property C has his Kids.. In this circumstances how the law Treats C and his Kids in regards to B' s Property? C died before B C in 1989 B in 2010 Since i am D was in government service i did not checked this property information Regularly. But now i am seeing that the my younger brothers registered their names .(Different names in different Survey nos) Now they are saying they got it from B (with some proceedings the details of which i am trying to from Tahashildar Office) And last week we all brothers met to discuss the bifurcation of the property. All of them( E F and G) are saying I (D) do not have any share in property as all they got it from B And these proceedings started before 2000 I want to know if something illegal is found in the proceedings/documentation/procedure carried out by brothers can i file a case to cancel all those and apply for fresh bifurcation of the Property as per law ?
Asked 2 years ago in Property Law
Religion: Hindu
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9 Answers
A & B were husband and wife, however B adopted C only after the death of her husband A.
The succession to the properties on the name of A was open to B immediately after the death of her husband A.
Since C is not the adopted son of deceased A, hence C cannot have any rights over the properties of A, which was inherited by B after the death of A as his legal heir.
If C himself did not have any rights over the properties of his adoptive mother, then there is no question of his own children having any rights over the properties that belonged to their adoptive grandmother.
However since B becomes an absolute owner of the share of properties she inherited, she can transfer the same to anyone of her choice.
Therefore there is no legal infirmity in B transferring the properties on her name by a registered settlement or gift deed to her chosen adoptive grandchildren.
If you have been excluded from allotting any share in the property by your adopted grandmother then you cannot claim it as a right.
Therefore in my opinion the proposed cases intended to be filed by you may not be maintainable
https://www.aapkaconsultant.com/blog/adopted-child-of-widow-to-be-child-of-deceased-husband/ Sir This court order says adopted son of Hindu widow to be child of deceased husband .. What's your opinion?
Asked 2 years ago
It is true that adopted son of widow to be child of deceased husband but you have not mentioned age of child when he was adopted
you cannot adopt a child who is over 15 years of age unless there is custom to that effect in your community
Without seeing the copy of the judgment no opinion can be offered in this connection.
Can a Property Transfer Transaction carried out on the basis of bond and not registered can be cancelled...the said transactions took place in the year 2004
Asked 2 years ago
Registration is mandatory to confer clear and marketable title to property
un registered document is in admissible in evidence
you have to take legal proceedings to set aside the transfer of property on basis of un registered document
The transfer or transaction of an immovable property by an unregistered document is invalid hence you need not apply for cancellation of the same.The aggrieved person can file a suit for partition stating that such unregistered deeds are not binding.
- Legally after the death of husband A , the property will go to the B even she is childless
- Further after getting the said property from A , this property will considered as B`s self acquired property and in this way B was giving her right to transfer the property to anyone without taking the consent of even C the adoptive son.
- However , if B dies intestate , then the property can be claimed by C and second class legal heirs as well.
- Further , after the death of C , his children can claim the property equally .
- Court is right to say that A was the father of adoptive son C .
Yes it can be canceled
Dear Sir / Ma'am,
Section 17 of the Registration Act, 1908, mandates that transfer of immovable property should be registered, failing which it would become invalid. Since it is already invalid you need not apply for cancellation.
Thank You.
