• Can a widow write a will to her niece even after she adopted a son?

Channabasappa had two wives namely Geetha and Seetha respectively and does not have any biological children with both wives. After his death, first and second wife equally shared the Channabasappa's property. After property divide, they started to live separately in the same village. First and second wife adopted a son separately. In this case , we only talk about second wife(Seetha) from here.
 Seetha(Second wife) adopted a son in 1965 through a adoption deed(registered- which is legally correct). After few years, they had few issues so adopted mother n son started living separately.
Now Seetha has written a will(will deed registered) to her niece ( Seetha's brother daughter) saying that, my niece has taken care of me from last so many years ( 30 yrs) so after my death all my property has to go her. Recently Seetha has expired , so now adopted son is claiming the property.
1)In this case, who has to get property?
2)Does Seetha has a right to write a will ??
3)If so, does Seetha's niece get all the property.
4) As a niece, what are all my legal ways to get the property?
5) As a niece, I have taken care of Seetha from last many years and also paid bills for hospitals. Does these proofs make any favours to me ?
FYI: channabasappa has this property to his name from1950s. When documentation started in India. He is the only child. Both Wives adopted a son after his death and division of property. Here adopted son started living with his biological parents after issue with Seetha. He also got the immovable property from his biological parents. Till today on all his documents, he has biological parents name only.
Asked 9 months ago in Property Law
Religion: Hindu

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11 Answers

Neice will inherit the property as per her aunt will 

 

2) aunty was at liberty to execute will 

 

3) apply for probate of will 

 

4) probate is judicial proof that will is genuine 

 

5) it helps that you have taken care of your aunt 

Ajay Sethi
Advocate, Mumbai
94965 Answers
7576 Consultations

5.0 on 5.0

As per law, on adoption the adopted child become the child of the family and possess same rights of inheritance etc which a naturally born child shall have. On adopt the child cease to have every relation with his biological family however, adopted child can received properties from his biological parents through gift, WILL etc. So in present case on adoption the adopted child has inherited the property of her late father along with her mother. An adopted child too can stake claim on his adoptive parents, so, Mrs. Seetha was not having to bequeath the entire property of her husband  since Mrs. Seetha too has right in her husbands property so she could have to bequeath her share or proportion in her husband property. The WILL of Mrs. Seetha would be read and should be effective in respect of her share only and not in respect of entire property which was received by Mrs. Seetha from her husband. Rest portion that is 50% shall belong to adopted son while balance 50% shall belong yo niece of Mrs. Seetha who is beneficiary under her WILL. 

Siddharth Srivastava
Advocate, Delhi
1256 Answers

5.0 on 5.0

1.  If the property were to be self acquired property of deceased Channabasappa and if he had died intestate (without executing a WILL), then the WILL executed by Seetha for her share in the property in favour of her niece will be in order.

2.  If her share of property had come to her through a registered Partition Deed/Mutation in Seetha 's name in the jurisdictional Revenue Office, then Seetha had a right to execute WILL in favour of her niece.

3.  If the above conditions are satisfied, then Seetha 's niece gets the property, as detailed in the WILL.

4.   To get the property in your name, you have to submit the WILL and death certificate of Seetha to the jurisdictional BBMP/Corporation/Municipality, as the case may be.

5.  The proof would be useful to prove your identity as Seetha 's niece.

Shashidhar S. Sastry
Advocate, Bangalore
5164 Answers
314 Consultations

5.0 on 5.0

  1. Property Inheritance: In this case, it appears that Seetha had legally adopted a son, and he may have certain rights to her property as her legally adopted child. The adoption deed is an important legal document that establishes the adoption's validity. If the adoption was valid, the adopted son may have a claim to Seetha's property.

  2. Writing a Will: In India, individuals generally have the right to write a will and specify how their property should be distributed after their death. However, there are legal restrictions and considerations. A will must meet specific legal requirements, such as being in writing, signed by the testator (the person making the will), and attested by witnesses. Seetha's will, if legally executed, could be considered valid.

  3. Beneficiary of the Will: If Seetha's will names her niece as the beneficiary, and the will is legally valid, the property may be distributed to the niece as specified in the will. However, the adopted son may challenge the will's validity or contest its terms in court.

  4. Legal Recourse: If the adopted son wishes to claim a share of Seetha's property despite her will, he may need to take legal action. He can consult with a lawyer to explore options like challenging the will's validity or asserting his rights as a legally adopted child.

  5. Care and Support: While taking care of Seetha for many years and covering her medical expenses demonstrates a level of care and support, it may not necessarily influence property distribution if Seetha's will is legally valid. Inheritance laws primarily govern property distribution.

  6. Adoption Laws: Adoption laws in India vary by religion and region. The adopted son's rights may depend on the specific adoption laws applicable to Seetha and him at the time of adoption.

Akram Khan
Advocate, Gwalior
20 Answers

Not rated

1. The son was reported to have been adopted after the death of her husband, hence he cannot claim any share out of his deceased step father's property as a right.

The property acquired/inherited by Seetha as her share out of her deceased husband's property shall be her own and absolute property.

She can transfer this property to anyone of her choice either by Will or by a settlement deed etc., and she do not have to give any reason also for such transfer.

Moreover she has clearly mentioned in her Will about her adopted son's behavioral attitude, there is no reason  for the son's claim and it is not legally maintainable.

2. Yes.  she has got full rights.

3. The beneficiary of the Will shall be entitled to acquire the properties mentioned in the Will.

4. The Will should be enforced by submitting an application to the concerned  revenue department for transfer of all the revenue records to your name on the basis of the Will.

 

T Kalaiselvan
Advocate, Vellore
85166 Answers
2222 Consultations

5.0 on 5.0

Niece is sole owner by virtue of sale deed.

Seetha has absolute right to Will the property.

3. Yes.

No need of any supporting documents. just apply for mutation on the basis of WILL.

Niece can file police complaint agasint son if he creates any nuisance.

 

Yogendra Singh Rajawat
Advocate, Jaipur
22671 Answers
31 Consultations

4.4 on 5.0

1. if the Will of Seeta is proved, then the legatee/beneficiary will take the property and the adopted son will be excluded

2. absolutely yes

3. if the Will is proved then the niece will take everything

4. you have to prove the Will by filing a suit for declaration in the event the Will is being challenged and not accepted by the authorities for mutating the name of the niece in the property records

5. it would corroborate what Seeta wrote in her Will

Yusuf Rampurawala
Advocate, Mumbai
7539 Answers
79 Consultations

5.0 on 5.0

Dear Client,

Yes, a widow can write a will to her niece even after she adopted a son. In India, an individual has the right to bequeath their property to anyone they choose, regardless of their family ties. However, the adopted son may challenge the will's validity or contest its terms in court. In the case you have described, the adopted son is likely to argue that he is a legal heir to Seetha's property and that the will is invalid. He may also argue that the niece did not take care of Seetha for the sole reason of being entitled to inherit her property. The niece, on the other hand, can argue that the will is valid and that she is entitled to inherit the property as the beneficiary. She can also argue that she took care of Seetha out of love and affection, and that her actions were not motivated by a desire to inherit her property. Ultimately, the decision of who gets the property will be up to the court. The court will consider all of the relevant factors, including the terms of the will, the relationship between the parties, and the evidence of who took care of Seetha. 

Here are some of the legal ways that the niece can get the property:

 If the will is valid, the niece can file a petition in court to have it enforced. The niece can also file a lawsuit against the adopted son, alleging that he is not a legal heir to Seetha's property. The niece can also try to negotiate with the adopted son to reach a settlement agreement. The proofs that the niece has taken care of Seetha for many years and also paid bills for hospitals will definitely be in her favor. However, the court will also consider other factors, such as the relationship between the parties and the terms of the will.

Anik Miu
Advocate, Bangalore
9028 Answers
110 Consultations

4.7 on 5.0

Yes she can only right for her share in ancestral property and self acquired property 

Prashant Nayak
Advocate, Mumbai
32093 Answers
183 Consultations

4.1 on 5.0

1. The Will shall prevail. The adopted son has no right to claim.

2. Yes, Seetha had every legal right to write a Will in respect of her share of her husband's property.

3. Yes, the niece shall inherit by virtue of Seetha's Will.

4. The niece has to file a petition at the district court in consultation with a competent lawyer for a declaration of her title and ownership based on the Will of Seetha, by making the adopted son the Respondent in the suit. She can file an IA simultaneously praying for an interim injunction restraining the respondent from dealing with the property in any manner whatsoever till the disposal of the suit.

5. The niece shall derive her title from the Will. No additional facts need be stated in support of her legal claim.

Footnote: Let the adopted son claim whatever is due to him from his biological parents, but he cannot legally claim the property willed away by his adoptive mother Seetha.

 

 

Swaminathan Neelakantan
Advocate, Coimbatore
2823 Answers
20 Consultations

4.9 on 5.0

1. As per law, after getting the share in the property of her husband , it will be considered as self acquired property of Seetha, and hence she was having her right to transfer the said property to anyone as per own wish 

- Since, Seetha has left a Will in the name of her niece , then son will have not right 

2. Yes 

3. Yes, or as mentioned in the Will

4. You can apply for getting mutation of the property in your name after submitting death certificate of Seetha and the copy of the said Will

5. It may required , if adopted son files a case 

Mohammed Shahzad
Advocate, Delhi
13377 Answers
199 Consultations

5.0 on 5.0

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