• Property inheritence

My grandfather have ancestral property. He have 5 daughter and one son. Out of 5 daughters, one daughter was adopted by grandfather's brother in 1970 this is not registered legally. But, in School records, voter ID, marriage certificate she is having father name as grandfather;s brother name. She filed a petition for property share along with other 4 daughters. The other 4 daughters came for compromise and we did a property release deed from the 4 daughters after giving some money. The release deed is in favor of grandfather and son(my father). But, the adopted daughter still continueing the case and she is claiming for share in property. 
1) Is the adopted daughter have right to property even though its not registered but all records show father name as adopted father but not as my grandfather name?
2) My grandfather want to transfer all property to my name(grandson). How this can be done leaving my father. My father want to sell property without my grandfather permission
3) How can I get property right directly from my grandfather. Is the release deed work ?
Asked 5 months ago in Property Law from Bangalore, Karnataka
Religion: Hindu
1) there is no deed of adoption executed by grand father in favour of his brother 

2) for adoption to be effective  there should be giving and taking ceremony . without valid adoption ceremony adoption is not valid 

3) The persons present at the time of adoption should  come forward to depose

4) if it is ancestral property your grand father cannot transfer entire property in your name . uour father has share in ancestral property 
Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
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1. The onus to prove that the adoption was not in accordance with the law is on the defendant against whom she has claimed the relief. The court cannot record a presumption of the invalidity of the adoption.

2. During the pendency of the suit the transfer of property will be subject to the outcome of the litigation. If no injunction has been ordered by the civil court then your grandfather is free to transfer his property at his sweet will.

3. A gift deed can be executed by your grandfather in your favour.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0
1.  If this was the ancestral property, then since all the daughters ought to have been married before the amendment to Hindu Succession act came into effect, they are not entitled to any share in the ancestral properties.
However  since the other four daughters have relinquished their rights, it can be presumed  that all these daughters have  rights in the property, if so this fifth daughter is also having a right in it, hence she cannot be denied or deprived of her rights. However confirm the character of the property and then decide about giving her a share or not.  But please be informed that she is not a legally adopted daughter though the records may say so.

2. If it was ancestral property, then your grandfather can transfer only his share of the property in your favor, he cannot transfer the entire property to you and vis a vis the same condition with your father too. 
 
3.  You are not legally entitled to any right in the property, hence you may accept  whatever your father or grandfather may allot to you.
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
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1) your grand father can transfer his share in property to you be gift deed 

2) it should be duly stamped and regd 

3) you can seek injunction restraining sale  of property 
Ajay Sethi
Advocate, Mumbai
23398 Answers
1230 Consultations
5.0 on 5.0
The registered release deed by all the daughters in respect of their legitimate shares in the property in favor of your grandfather, shall make your grandfather to execute a registered gift deed i your favor in respect of that property 
as well as his share in the property.
The gift deed is to registered as per provisions of transfer of property act.
You cannot restrain anyone from selling their property without your consent because at present you do not have any rights in the property.
T Kalaiselvan
Advocate, Vellore
14171 Answers
128 Consultations
5.0 on 5.0
The gift deed requires mandatory registration, failing which it has scrap value. To prevent the sale of properties and consequent creation of third party rights you may file a suit for injunction.
Ashish Davessar
Advocate, Jaipur
18264 Answers
450 Consultations
5.0 on 5.0

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