1) last will supersedes earlier will
2) your father was entitled to only one third share in property
3) grand mother was at liberty to bequeath her share to whom soever she pleases
3) your father has no share in grand mother property
Adoption son rights
My grand father had two wives and they dint have children and they adopted my father in the year 1955 ( My father age was 3 years in 1955 ) , and in the adoption deed he had mentioned that all property will be will be passed on to my father after them ( after my grand parents ) and registered ,but in 1958 ( when My Father age was 8 years in 1958 ) before the death of grand father he had written one more will stating the properties should be divided into 3 parts and they can be gifted to anyone and my grand father died in 1961 . My both of grand mothers wrote will stating my son who is 11 years old kid is not taking care of her and wrote the properties to some of their relative stating the relative will be taking care of her and after the death of my grand mothers the properties should go to relative and not to my father (adoption son) . While taking adoption my grand father wrote all the properties should go to my father after death of my grand mothers , but in 1958 he divided the properties in 3 equal shares and in 1962 my grand mothers wrote all the properties to their relative . my grand mothers were not educated and my grand mothers were not taken care of my father and my there was guardian for my father and because of death of my grand father none of them took care of my father and he was not that educated and care taker also took so much of my fathers property . Do my father has right on my grand mothers property Note : all deeds were registerd .
Asked 2 years ago in Property Law
Religion: Hindu
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18 Answers
- As per law, only the last Will is valid and executable , hence the Will written prior to death is valid , and your father will have only 1/3rd share which is mentioned in the Will.
- Further , your grandmother can write the Will for one third shares only , and cannot take your fathers share .
- Hence, your father having not right over the property of grandmother , however he can challenge the Will written in the name of relative on the ground of mental condition of grandmother.
No. As such every person has every right to bequeath his property to any person of his choice and as such there is no limitation on numbers of writing WILL. A person can write WILL on daily basis too but it would be last WILL which shall be read and be executed. Your grandfather had not done anything wrong nor your grandmother done anything wrong by bequeathing their portion by way of their respective WILL. WILLs of grandfather and grandmothers are legal and valid. Now after lapse of 50 years said WILLs cannot be questioned nor can be challenged and every claim in this regard shall be barred by limitation.
The adoption deed is an evidence only for adoption and not for transfer of properties to the name of the adopted son by the adoptive father.
So, your father canot claim any rights in the proeprty on the basis of the adoption deed.
Since his adoptive father had distributed property to three people through his Will and if yor father is one of the beneficiaries, then he is entitled to one third share in that property.
The two grandmothers can transfer only their respective share in the property to anyone of their choice.
Therefore your father can claim only his one third share in the property as a right by the virtue of registered Will.
Your farther will have only right if your mother had some property rights in the said prior. He can only claim her share
i have 2 more questions : 1. My grand mother has written will saying 11 years old kid is not taking care of me , so I am giving the properties to my brother . How a 11 year old kid take care of mother while he should go to school or take care of her at that age , understand everything and how can this happen with in expiry one year of my grand father . Does this justify . 2. my grand mother has gifted the properties to their relatives which are mentioned in the partition deed but some properties are not mentioned in the partition deed , do my grand mother relatives have rights on the un partition properties of my grand father. , they are not adapted , but they are saying we right on the other undisclosed properties ( not mentioned in the partioned deed ) .
Asked 2 years ago
relatives dont have rights on properties not mentioned in gift deed
Rights are on all property in which mother has a share and she has not relinquished the same earlier in familiy
1. The Will if suspicious, you can challenge the same, or if it is genuine, it is clear from the fact that she want to give away her property to someone because she may not be liking her adopted son.
In that case you cannot force her to transfer her property to her son alone.
2. No they do not have any rights in the properties left behind by grandfather who is reported to have died intestate in respect of those properties.
1. YES. As such there is no ground to raise question of justifications and that too after 50 years when all your justification has no relevance and importance. Your grand mother version stand right for all purposes.
2. NO. Grandmother's relatives are only entitled to the properties which were gifted to them and the properties which are not mentioned in gift deed shall devolve in terms of Hindu succession Act and also Indian succession Act. Relatives of grandmother have no right on unpartitioned and undisclosed properties which were not gifted to them. Other ways can also be explored.
Adoption deed does not provide title. Your father had 1/3rd as per WILL of grand father.
Whatever reason given in WILL has no value, GM can bequeath her share without assigning any reason.
1. This Will is invalid on the ground of non-beneficiary is a minor
2. He cannot claim right over the other properties which are not mentioned in the partition deed , and hence it can be claim by other legal heirs equally.
Based on the information you have provided, here are some general points to consider:
Adoption Deed: The adoption deed registered in 1955, where your grandfather stated that all the property would be passed on to your father after the death of your grandparents, can be considered as a legal document. It signifies your father's right to inherit the property.
Subsequent Will: The will written by your grandfather in 1958, dividing the properties into three parts, could impact the inheritance. However, if the adoption deed clearly stated that all the property would go to your father after the death of your grandparents, the subsequent will may be disputed based on the earlier adoption deed. A lawyer can review both documents to provide specific guidance.
Will of Grandmothers: The wills written by your grandmothers, diverting the properties to their relative, may have legal implications. It would be important to assess the validity of these wills and the circumstances under which they were made. Factors such as the mental capacity of your grandmothers, undue influence, and the legal requirements for making a valid will should be considered.
Rights of Minor: The fact that your father was a minor at the time of the adoption and subsequent wills may also impact the situation. Depending on the laws in your jurisdiction, special rules may apply to protect the rights of minors in inheritance matters.
Undisclosed Properties: If there are properties that were not mentioned in the partition deed but were owned by your grandfather, the rights to those properties would need to be determined. The laws of succession and inheritance in your jurisdiction would apply to these undisclosed properties.
Given the complexity of the situation and the need for a detailed analysis of the legal documents involved, it is highly recommended that you consult with a lawyer. They will be able to review the adoption deed, subsequent wills, and any other relevant documents, as well as consider the applicable laws to provide you with the specific advice you need.
In the above I had mentioned that the will was written by grand father in 1958 stated only properties should be distributed equally and not mentioned what all properties , some relatives only distributed the properties at that time in 1961 ( my father age was around 10) and my father found that document does not know until 6 months back as we found that document recently . my father doesn't know until 6 months there was a partition deed . I have following questions : 1. Is that Partition Deed Valid ( As my father age was around 10 Years). 2. Is it require court permission to do Partition deed when one of them is Minor. 3. My grand mothers wrote will in a different place ( non-jurisdiction of sub registrar ) where her brother stays and where properties are not there in that place . 4. As we found that document recently (around 6 month ) is there any limitation / adverse possession apply
Asked 2 years ago
gran father must have signed partition deed on behalf of father
2)it is necessary to peruse partition deed to advice
3) partition deed effected between the members of the joint family can be reopened at the instance of the minor coparcener, if it is obtained by fraud or by misrepresentation or on the ground of unequal partition.
4)
When the partition is effected between the members of the Hindu Undivided Family which consists of minor coparcener it is binding on the minors also if it is done in good faith and in bona fide manner keeping into account the interests of the minors.
(5) Where, however a partition effected between the members of the Hindu Undivided Family which consists of minors is proved to be unjust and unfair and is detrimental to the interests of the minors the partition can certainly be reopened whatever the length of time when the partition took place. In such a case it is the duty of the Court to protect and safeguard the interests of the minors and the onus of proof that the partition was just and fair is on the party supporting the partition.
1. Yes, it is valid. Your father does not have unlimited right or time to challenge or question the partition. As per law, your father could have challenge within three years on attaining the partition. After 65 years the same cannot be challenged being barred.
2. If child was party then only guardian be appointed through court but this does not apply in your case as upur grandfather himself partitioned the properties and accordingly grandmother had bequeathed her property.
3. Your objection does effect the genunity of WILL in any manner and that too after 65 years.
4. Principle of adverse possession does not confer any right to claim title over the property. In present case, this principle does not arise. As per law, your father could have challenge within three years on attaining the partition. After 65 years the same cannot be challenged being barred.
1. In case, the minor's share is not reserved or an unequal share is granted in favour of the minor, the minor can file a suit before the court for cancelling the partition deed and to get his share in the property .
2. The limitation period of cancelling the partition deed is limited to 3 years from the date of execution., and for filing a Partition suit is 12 years , and hence now it is time barred.
- However, your father can file a declaration suit on the ground of date of knowledge of the said partition deed.
Dear Client,
Validity of the Partition Deed:
A Partition Deed is typically a legal document that divides property among co-owners. Your father's age at the time the deed was executed (around 10) could potentially be a factor in its validity.
In many jurisdictions, a minor cannot enter into a legally binding contract. Therefore, the validity of the Partition Deed may be questioned if your father was a minor at the time.
Court Permission for Partition Deed Involving a Minor:
When a minor is involved in a property transaction, court permission or a guardian's consent may be required to ensure the minor's interests are protected.
Whether court permission was obtained at the time of the Partition Deed should be assessed. If it wasn't, this could impact the deed's validity.
Location of the Will:
The location where a will is written does not necessarily invalidate it. However, the will should generally comply with the legal requirements of the jurisdiction where the properties are located.
Limitation and Adverse Possession:
The laws regarding adverse possession and property limitations would vary. In some cases, adverse possession may apply if someone openly occupies and uses property for an extended period without the owner's objection.
1. If the partition was done among the shareholders, then it will be considered as legally valid, in that case your father may not have any ground to claim any share in that property at this stage.
2. If there is a minor share holder and his share was not considered then the minor shareholder can claim his share within three years from the date of he attaining his age of majority.
3. The Will can be written from the place where the testator is residing, it is not necessary that the Will has to be written only in the place where the property is situated.
4. If the property was in their obsession and if it was adverse to your father but he did not claim it within the limitation period then they can perfect the title operating the law of adverse possession.
Yes it’s valid but the limitation for partition suit is 12 years