• Legal heirs

I am adopted son and legally adopted by my maternal grandfather . My maternal mother is only one daughter of my maternal grand father. I am with my adopted parent since I was 8 months Old. My adopted father(maternal grand father) expired 30years back not given will in my name and adopted mother expired 11 year Back. My maternal mother also died 15 years back.my adopted father(maternal grand father) was a farmer and he left behind only agriculture land and pacca house.
Can I change all land of my adoptive father name in ROR to my name through legal heir certificate as single legal heir.Now three son (biological brothers)of my maternal mother have claimed on my adaptive fathers property, what is my legal position if he filed legal suit ?
Asked 4 months ago in Property Law
Religion: Hindu

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16 Answers

Apply fir and obtain legal heir certificate as you are legally adopted by grand father 

 

If grand father had other children they would have equal share in property 

 

tjen apply for mutation of property in your name 

Ajay Sethi
Advocate, Mumbai
99751 Answers
8141 Consultations

On grand father death intestate you as adoptive son and mother were legal heirs 

 

on mother demise her share will devolve on 3 sons 

Ajay Sethi
Advocate, Mumbai
99751 Answers
8141 Consultations

Your biological mother's blood brothers are also the legal heirs of yor adopted father, hence they are also entitled to a share in their biological father's properties as a right, you canot deny that.

The legal heirship certificate obtained without including their names would be an illegal and invalid document. 

You can compromise with them and make a negotiated settlement instead of approaching court and stretching the civil case too long.

T Kalaiselvan
Advocate, Vellore
89953 Answers
2490 Consultations

The biological / blood brothers of your mother are also the legal heirs of your adopted father, hence you cannot ignore their names while obtaining the legal heirship certificate. 

First of all please let us know of the three brothers are the biological children of yor mother or biological brothers to her.

If they are the children of your biological mother then they are entitled to a share out of their mother's share in your adopted father's properties. 

T Kalaiselvan
Advocate, Vellore
89953 Answers
2490 Consultations

Yes you can do that if you are his legal heir and he doesn’t have any other will contrary to the same 

Prashant Nayak
Advocate, Mumbai
34492 Answers
248 Consultations

Biological grandsons of grandfather will certainly will have equal share in the property with adopted son. They are legal hers of grandfather and entitled to record their names in revenue record.

Ravi Shinde
Advocate, Hyderabad
5121 Answers
42 Consultations

They have share in property 

 

your legal heir certificate would not be valid 

 

settle with your brothers 

Ajay Sethi
Advocate, Mumbai
99751 Answers
8141 Consultations

You may have to include the other legal heirs of your biological mother in the legal heirship certificate and either give them their share or you may pay them the value of their share by purchasing or by getting a registered release deed relinquishing their rights in the property in your favour, in that case you need not transfer the name in ROR to include their names.

T Kalaiselvan
Advocate, Vellore
89953 Answers
2490 Consultations

As a legally adopted son, you have the same inheritance rights as a biological child in your adoptive father’s (maternal grandfather’s) property—both ancestral and self-acquired—under the Hindu Succession Act. Once adopted, your ties with your biological family are severed for inheritance, and you become Class I heir of your adoptive parents.

If there is valid, legal documentation of your adoption, you can claim the entire property as sole legal heir if there are no other surviving children of your adoptive parents.

However, if your maternal mother (the only biological daughter of your adoptive father) predeceased your adoptive parents, her sons (your biological brothers) may also have a claim as legal heirs through her share. If a legal heir certificate was issued only in your name without including them, it can be challenged and may be set aside if they prove their right in court.

If your legal heir certificate is legally disputed by your brothers, you will need to prove the validity of the adoption (with documents/witnesses) and that you are the sole Class I heir. If their claim is valid, property may be divided accordingly.

Shubham Goyal
Advocate, Delhi
2052 Answers
14 Consultations

If the mother has other legal heirs and she died without will then you have to provide notice to all heirs before seeking any certificate in your sole name 

Prashant Nayak
Advocate, Mumbai
34492 Answers
248 Consultations

As an adopted son legally adopted by your maternal grandfather, your inheritance rights and the challenges raised by your biological brothers in respect of your adoptive father's agricultural land and house are governed under the Hindu Adoptions and Maintenance Act, 1956 and the Hindu Succession Act, 1956.

Once a valid adoption has taken place, you acquire the same legal status as a biological child of your adoptive parents. This means you inherit from your adoptive father precisely as a natural son would, and you forfeit inheritance rights to your biological parents' property.

If your adoptive father (your maternal grandfather) died intestate (without a will), his property should devolve to his legal heirs under the Hindu Succession Act. His daughter (your maternal mother, who adopted you) was the sole heir at the time of his death, so she would inherit all his property. Upon her death, the property would then devolve to her legal heirs, which are her children—including you (adopted son) and her natural-born sons (your biological brothers).

A legal heir certificate should reflect all legal heirs of your adoptive mother upon her death—not just you. If you have obtained a legal heir certificate or transferred the Record of Rights (ROR) solely in your name by omitting other eligible heirs (the three biological sons), this certificate and ROR entry can be challenged and potentially declared invalid if brought before the authorities or a court. Administrative mutations (such as changes in land records) do not, by themselves, grant you absolute title against lawful heirs if they were excluded without notice or legal process.

If your biological brothers file a legal suit challenging your claim on the property, they can argue that, upon your adoptive mother's death, all her children (including you and your brothers) are equal heirs. Your legal position is strong as an adopted son with natural heir status, but you cannot exclude your brothers if the property descended from your mother. The ROR can be rectified if other heirs approach the revenue authorities or obtain a contrary court order.

In summary:

  • You are a lawful heir and can inherit from your adoptive parents as a son.

  • If the property passed to your adoptive mother (her being the only daughter), and then she died intestate, all her children (including you and your three biological brothers) are legal heirs. The legal heir certificate and ROR should reflect all of you.

  • If your legal heir certificate or mutation was obtained without mentioning your brothers, it is open to challenge and may be voided.

  • In case of dispute, you should be prepared to share the property with your brothers or resolve the matter through partition or settlement.

If you wish to clarify or strengthen your claim, or need help with the legal defense, mutation correction, or negotiation, please reach out for further legal advice at .

Yuganshu Sharma
Advocate, Delhi
943 Answers
2 Consultations

As a legally adopted son, you are the class-I heir of your adoptive parents and have full rights over their property. Your biological uncles (3 sons of your maternal mother) have no legal claim on your adoptive father's property.

If they file a case, you can defend it based on legal adoption. Your legal heir certificate is valid if it reflects adoption and there’s no fraud. If challenged, you may need to prove adoption with documents or witness. Keep all records safe.

Suresh Kumar Pal
Advocate, Allahabad
106 Answers

If your adoptive father did not have any other children then you would be sole heir 

 

if your maternal mother is daughter of grandfather on her demise her share will devolve on her other children 

Ajay Sethi
Advocate, Mumbai
99751 Answers
8141 Consultations

  • Yes. Under the Hindu Succession Act, 1956, your maternal mother’s share in your adoptive father’s estate passes by representation to her children.

  • Although she married before the Act, her death in 1989 (after the Act came into force) means her entitlement devolves equally on her three sons.

  • You, as an adopted son, get one-half share; her three sons together get the other one-half, divided equally among them.

  • Their claim is legally valid and must be reflected in any legal‐heir or succession certificate.

Shubham Goyal
Advocate, Delhi
2052 Answers
14 Consultations

Even though the Hindu Succession act 1956 came into force in the year 1956, since the properties are existing post enactment of the said Act, this act will apply to the properties that are existing. Since your mother lived beyond 1956, she is very much entitled to a share in the properties left behind by her father at par with her male siblings, hence her own legal heirs are entitled to her share in the property if she had died intestate.

T Kalaiselvan
Advocate, Vellore
89953 Answers
2490 Consultations

no he can’t be 

Prashant Nayak
Advocate, Mumbai
34492 Answers
248 Consultations

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