• Inheritance

My paternal uncle passed away without leaving a will. He does have an adopted son. How I may be able to get my share under India Legal System. I live in US.
Asked 7 months ago in Property Law
Religion: Muslim

7 answers received in 1 day.

Lawyers are available now to answer your questions.

7 Answers

You have no share in paternal uncle property 

 

2) on uncle demise your aunt and adopted son would be class 1 legal heirs 

Ajay Sethi
Advocate, Mumbai
89853 Answers
6518 Consultations

5.0 on 5.0

If the  property is inherited from grandfather, you does have a share in it. Issue lawyer's notice from U.S. to all legal heirs and file a suit for partition and separate possession in civil Court.  For filing suit you need not come to India, Draft a GPA in favor of you friend/relative on 100 rupees bond paper giving him power to file suit on your behalf. Take that GPA to Indian Consulate/High Commissioner  and get it attested by official there. The GPA has to be in specific  format.  Send it to the person named in India. He can do everything appointment of Advocate, filing case, defending case etc. for you. Obtain stay of transfer of property by any legal heir. If the  adoption is not through legal process, you can also challenge the  adoption by uncle.

Ravi Shinde
Advocate, Hyderabad
3525 Answers
42 Consultations

5.0 on 5.0

You need to apply for letter of administration before court in this matter then you can claim your share. 

Sir,

If you need any further assistance.You can approach me through Kaanoon or LinkedIn.

https://www.linkedin.com/in/prashant-nayak-5477b138

 

Prashant Nayak
Advocate, Mumbai
28570 Answers
101 Consultations

4.4 on 5.0

Your paternal uncle's adipted son is the heir to his self acquired property. Therefore you cannot demand a share in the property.

But if there was any ancestral property of your grandfather then you along with your cousin ie his adopted son have a share along with other uncles and cousins.

Rahul Mishra
Advocate, Lucknow
13945 Answers
65 Consultations

5.0 on 5.0

- As per Muslim Law, there is no adoption in Islam, however it can  be possible under the  Guardians and wards Act after filing a petition for the same.

- Further, Inheritance law in the Islamic Sharia permits the father and mother and any family member to write in his WILL .

- Since, there is no WILL , then his property can be claimed by the said adoptive son including his wife and other legal heirs. 

Mohammed Shahzad
Advocate, Delhi
10665 Answers
132 Consultations

5.0 on 5.0

there is no adoption under muslim law and adopted son does not claim inheritance.

You need to procure all the documents to prove your relationship with the deceased person and then proceed against your uncle's adopted son for declaration of title and recovery of possession.

Mohammed Mujeeb
Advocate, Hyderabad
19036 Answers
32 Consultations

4.5 on 5.0

If your paternal uncle was survived by his adopted son then he would be entitled to inherit his legitimate share in the property along with other legal heirs to your paternal uncle.

It is not understood that how you think that you are eligible to claim a share out of your paternal uncle, do you have any precedence for that or have you been informed about any such law in vogue?

 

T Kalaiselvan
Advocate, Vellore
80019 Answers
1675 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer