I am female my grand father went for adoption to his wife's elder sister after her husband expired.. She after fighting a case received 70 acres of land from her husband family. My grand father( no more now) has 7 children 5 male and 2 female. Among 2 females one has expired now. My father is the elder in family. 3 years back when he took print of field documents he found names of his 4 brothers.. Without giving any information to my father my uncles got 63 acers registered in their names. One has taken 8 acers.. One 10 acres etc.. The transactions have started from 50 years.. I found some are only in papers with thumb impression of the lady who adopted my grand father.. Some transactions show my uncles transferring land from my grand father. In govt office we are not getting the documents how some land got transferred to my grand father which he them transferred to his selected sons. When my father asked this to his brothers their ready answer is seniors have not given you any land go and ask them( who are not alive now) . I am feeling my uncles cheated my father by getting land without informing their elder brother. Now is there any possibility of me going to law and seeking grand daughter portion of the property? There is no solid certificate of adoption but my grandfather surname change is the only proof. More than the property I want to try give justice to my father who expired in feb 2023
If this property belonged to your deceased grandfather by title deeds on his name, then you can fight for your father's share in the property.
You can find out the documents to prove that the said properties were on your grandfather's name after which you can file a suit for partition claiming your father's share in those properties.
Your claim is barred by limitation
2) said transfers have taken place years back
3) suit to set aside fraudulent transfers should have been filed by your father within period of 3 years of discovery of fraud
Dear Client
Review Existing Land Records: Gather and review all available land records, including sale deeds, property documents, and records related to the land transactions over the years. These records may provide crucial evidence of ownership and transfers.
Consult an Attorney: Seek legal advice from a property lawyer who can assess the documents and facts of your case. They can help you understand your rights and potential legal actions.
Adverse Possession and Limitation: If your uncles have been in possession of the land for an extended period, they may argue adverse possession, which could affect your ability to claim a share.
Evidence of Adoption: While there may not be a solid certificate of adoption, if there is evidence that your grandfather's surname changed after the adoption, this could be considered as circumstantial evidence of the adoption.
Partition Suit: If it is determined that you have a valid claim to a share of the property, you may file a partition suit in court to seek a division of the property among the legal heirs, which includes you, your father, and your siblings.
Document Verification: verify the transactions that took place over the years. They may be able to help you obtain the necessary documentation through legal channels.
Negotiation and Mediation: Before pursuing legal action, consider attempting negotiation or mediation with your uncles to resolve the matter amicably. Mediation can sometimes lead to mutually acceptable solutions without going through lengthy court proceedings.
Preserve Evidence: Ensure that you preserve all relevant documents, records, and evidence that may support your claim.
On adoption, your grandfather had got all rights of inheritance etc as natural son born has right of inheritance. If you are the only class-1 legal heir of grand father, then, you can sought declaration of suspicious transaction null and void and can also seek partition eetc.Details required to suggest remedies.
You can prove the same in suit before the court other than the adoption documents
The Hindu Adoptions 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 relati
The Hindu Succession Act, 1956 governs the inheritance of property by Hindus in India. According to this act, a person can inherit property from his or her ancestors by birth or by succession. The act also provides for different modes of succession, such as intestate succession (when there is no will), testamentary succession (when there is a will), and coparcenary succession (when there is a joint family property).
You should take some steps to protect your rights and interests in the property. You can do the following:
Coming to your questions:
Yes, there is a possibility of you going to law and seeking grand daughter portion of the property, if you can prove that you are the adopted daughter of your grandfather and that you have a legal right to inherit his property. You may have to face some challenges, such as proving your adoption, proving your grandfather’s ownership of the property, proving your uncles’ fraud and misrepresentation, etc.
The surname change may not be sufficient proof of adoption, as it may not indicate the date and mode of adoption. You may need other evidence, such as an adoption deed, an adoption certificate, an entry in the family register, a court order, etc. You may also need witnesses who can testify about your adoption.
- As per law, If the adoption is done according to the Hindu Adoption and Maintenance Act, then only the adoption deed is valid in India.
- Hence, if there is no adoption deed as per this Act, then the said adoption by your grandfather is not legal , and hence she having no right to claim over his property.
- Further , being one of the legal heir , your father was having his right to claim his equal share in the property , and after his demise his legal heirs i.e. you have right to claim the same .
- You can send a notice to partition of the entire property of your grandfather , and to ask them to give equal share in the property
- If no positive response, then file a suit for Partition , declaration and Injunction before the court for claiming share in the property , and to declare all transaction invalid and to restrain them from selling any part of the property.
- You can get the details of your grandfathers property from the office of the sub-registrar.
