1)you have no share in property as per adoptive mother will
2) your mother was only legal heir on her husband as you were adopted after her husband death
3) niece would inherit the property
4) it is necessary to peruse will to advice further
How can I claim property of my adopted mother, as she is written Will to someone else
My mother adopted me after her husband’s death via registered adoption deed. Due to our differences, my adopted mother moved in with her niece (her brother's daughter). She stayed with them till her death, almost 30 years. Now, she named her niece as rightful owner for her entire property via registered Will deed. Now named person in Will is claiming the right over the property after my adopted mother death. 1) Do I have the legal right to get all property ? 2) Does my mother has right to write a Will over the property, as she got it from her Husband via mutation after my adopted father death(he was the first owner of the property in 1950s). 3)If so, does niece get’s all the property ? 4) Please help me with my legal rights here and next steps to prevent them accessing those properties. P.S.: My adopted mother received property from her late husband which is distributed equal between first and second wife. My adopted mother is second wife. Here both adoption deed and Will documents are genuine and legally correct.
Asked 2 years ago in Property Law
Religion: Hindu
First answer received in 10 minutes.
Lawyers are available now to answer your questions.
12 Answers
Nature of ownership of your mother is required to be examined to ascertain her legal position and entitlement to bequeath the property.
1. Yes, if circumstances so permit.
2. Yes, depending upon her ownership and inheritance.
3. No.
4. Details are required to suggest remedy.
Dear Client
In India, the legal rights and inheritance of adopted children are governed by the Hindu Adoption and Maintenance Act, 1956. Based on the information provided, here are some general points to consider:
1) As an adopted child, you may have legal rights to the property. The Hindu Adoption and Maintenance Act recognizes adopted children as having the same rights as biological children.
2) Your mother likely had the right to write a will over the property she acquired from her late husband, as long as she had legal ownership of the property. The mutation after your adopted father's death may have transferred the ownership to her, allowing her to distribute it through a will.
3) If your mother named her niece as the rightful owner of the entire property in her will, the niece may have a claim to the property. However, the validity of the will and the rights of other legal heirs, including adopted children, need to be assessed by a lawyer. The distribution of property will depend on the specific provisions of the will and the applicable laws.
4) To protect your rights and prevent the niece from accessing the properties, it is crucial to consult with a lawyer who specializes in property and inheritance laws in India. They can review the adoption deed, will, and other relevant documents to provide you with personalized advice and guide you through the legal process.
1. If it was your adopted mother's own and absolute property then there is no legal infirmity by transfer her properties to a person of her choice through a Will or a ny other mode.
Just becasue you are her adopted son, you cannot claim any rights in her property.
You cannot challenge the Will until and unless you prove that it was written under a suspicion circumstance.
2. Yes your mother has right to transfer such properties as per her own will and wish.
You cannot claim any rights over it becasue you are not a son to the husband of yor adoptive mother.
3. If the property was transferred to her niece by a Will then the niece shall acquire the said properties.
4. You do not have any rights over the properties which your adoptive mother owned.
You can inherit only those properties which are left behind by your adoptive mother without making any arrangement to them.
First of all, you should know that the Hindu Adoption and Maintenance Act, 1956 governs the adoption of children by Hindus in India. According to this act, an adopted child has the same rights and obligations as a natural-born child in relation to the adoptive family. This includes the right to inherit the property of the adoptive parents and other relatives.
Secondly, you should also know that the Hindu Succession Act, 1956 governs the inheritance of property by Hindus in India. According to this act, a person can make a will to dispose of his or her property according to his or her wishes. However, a will can be challenged in court on various grounds, such as fraud, coercion, undue influence, misrepresentation, mistake, lack of free consent, lack of mental capacity, etc.
Thirdly, you should take some steps to protect your rights and interests in the property. You can do the following:
- File a suit for declaration and probate of the will in the civil court having jurisdiction over the property. You should also seek an injunction to restrain your niece from alienating or encumbering the property until the suit is decided. You should also seek damages for the loss and injury caused by her fraud and misrepresentation.
- File a complaint with the police against your niece for cheating, forgery, criminal breach of trust, and criminal intimidation. You should also mention that she has taken possession of the original will and refused to return it.
Now, coming to your questions:
- Do I have the legal right to get all property ?
It depends on whether your adopted mother’s will is valid or not. If her will is valid, then you have no legal right to get all property, as she has named her niece as the rightful owner for her entire property. However, if her will is invalid, then you have a legal right to get all property, as you are her adopted son and sole heir.
- Does my mother has right to write a Will over the property, as she got it from her Husband via mutation after my adopted father death(he was the first owner of the property in 1950s).
Yes, your mother had the right to write a will over the property, as she got it from her husband via mutation after your adopted father’s death. Mutation is a process of transferring the title and possession of a property from one person to another. Once your mother got the mutation done in her favour, she became the absolute owner of the property and could dispose of it by will or otherwise.
- If so, does niece get’s all the property ?
If your mother’s will is valid and not challenged by you or anyone else in court, then your niece gets all the property as per her will. However, if your mother’s will is invalid or challenged by you or anyone else in court, then your niece does not get all the property and has to prove her claim.
- Please help me with my legal rights here and next steps to prevent them accessing those properties.
I have already mentioned some of the steps that you can take to protect your legal rights and prevent them from accessing those properties in my previous response. You should follow those steps as soon as possible and seek legal help from a lawyer.
You need to challenge that will in court and then you can claim it
Best of luck
1) No
2) Yes
3) Yes
Since you were adopted after her husband's death, prima facie you don't have the rights but complete advice can be given after going through the documents.
1. if that property was her self acquired property , then she was having her right to transfer the same to anyone without your consent.
- If that property was belongs to your adopted father , then without your consent she has not write to transfer.
2. As per law, after the death of your adopted father without a Will , you and your adopted mother equally having right over the property , and she cannot write a Will for entire property , except her half.
3. No
4. You have right over 50% share in the property
You can contact me, if further suggestion needed.
Hi, In your case the property was acquired by your mother after the death of her husband. So it is treated as self acquired property of your mother and she can dispose of her property according to her will and wish. You have no right to claim the same.
1. if the Will is proved, then you stand excluded
2. a mutation entry is no proof of title. After your adopted father's death, his property would go to his widow and children including adopted ones. so i think your adopted mother could not have claimed full ownership since the adopted son would inherit 50%. if that be the case then the mother's will would be valid only to the extent of her 50% share
3. plz read 1 & 2 above
4. you will have to file a suit to claim your 50% share
1. Unfortunately, no. The Will shall prevail.
2. Yes, she had every right to write a Will in respect of that property.
3. Yes, by virtue of the Will.
4. You shall have no claim.
1. No, since you've been divested to inherit the property by way of the will executed by your adopted mother.
2. Yes. If you were adopted during his lifetime, then both you and your adopted mother would have equally inherited his properties. But this isnt the case here.
3. Unfortunely, yes!
4. try challenging the will
