LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

sudhi raj f (officer)     20 October 2010

Property Right

Respected Sir,

My father was adopted son in the year 1936 by grandfather and grandmother. As they were not having child at that time. But, after about 7 years from my father adoption, my grandmother gave birth to male child.

 My father, got the job in The Electricity Department, Govt and he was the only one person looking after the parents, giving all the help to our grandfather and grandmother. He was retired in the year 1996, he is 74 years now.

 We are cultivating some portion of land, which is in the name of my Uncle (under Form I & XIV).

 The total property is around 45000 Sq. Mtr. which is purchased by my grandfather in the year 1964. We are having all the old documents  pertaining to the said property (i.e Matriz under Portuguese language and translation of the same). My grandfather expired in the year 1979 and Grandmother in the year 1994.

 The said property was resurveyed in the year 1985 and my uncle without informing my father transferred the said property to his name (i.e now in Form I & XIV, Occupant column his name is there). At the time of resurveying, my father was on duty (i.e in the year 1985).

 We have asked several times to our uncle to give us our cultivated portion of land, but he is neglecting to give us. Our uncle has sold around 6000 Sq. Mtr. of land to others without informing to my father.

 Now, at this stage my uncle is trying to sold total property including our cultivated land also.

 We are having all the documents pertaining to my father, Birth Certificate, Marriage certificate, Grandfather death certificate also.

 In my father Birth Certificate, they have mentioned as “SON” and also given all the details like Grandfather name, Grandmother name also.

 Whether, our father will get share towards the property.

 Kindly suggest us for obtaining our rights towards our Ancestral property.  Awaiting a positive response,



Learning

 2 Replies


(Guest)

Supreme Court will rule like this in a SLP[This is a SLP case]. Your father will get first preference and share if not more than 50% will equitable, justice and in accordance with the basic principles of natural justice.However its doubtful that High Court will rule that way but you still will have to approach your High Court first in case of any dispute.

yellareddy (manager)     29 January 2011

dear sir i was adopted by my mothers's elder sister. i was not aware of these till my adolcent age. as per records school records , employment records my parents are my adopted parents. but legal document is not there for adoption.


now my adopted fathers sister with the help of her brother suits in the court for inheritance saying that ther is no legal heirs for my adopted father. they cliam that i am donot have any right on the property of my adopted fathers property. please clarify, right  now i am the custodian /possessing the  property and my father died five years ago and my mother died a year ago. they waited all these days, and now says that legal proof is not there for me to hold the property.

please advice to e-mail.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register