Adopted son - ancestral property
Guest
(Querist) 25 February 2014
This query is : Resolved
Ancestral Property
R.V.RAO
(Expert) 25 February 2014
your grand mother became absolute owner of property under hindu succession act, and adopted your father and transferred property by adoption deed.
but courts have held that the deed should be a registered document, as held in DINAJI AND ORS. Vs. DADDI AND ORS.
(CITATION: 1990 AIR 1153, 1989 SCR Supl. (2) 144
see below:
"...that part of the deed which refers to creation of an immediate right in the adopted son and divesting of the right of the adoptive mother in the proper- ty will squarely fail within the ambit of Section 17(1)(b) and, therefore, under Section 49 of the Registration Act, this could not be admitted if it is not a registered docu- ment..."
so if the property transfer document to your father is regd.then ,it is self acquired by him and gift by him cannot e challenged.
