If hindu women born before 1956 in karnataka rights in ancester property
sunil
(Querist) 22 January 2014
This query is : Resolved
sir i am from karnataka all property are in bangalore. and i am adopted son to my adoptive mother[born in 4/4/1954] is elder sister to my mother, they adopted legally by adoptation deed between them, when i was 13 years. now my adoptive mother died. my grand father as childers [3sons,3daughter] and obtained property[this property is still undivided] from this father and now my adoptive mother is 2nd child in [HINDU]family and she is no more with us. now can i expect equal share in a undivided property till date.[ my adoptive mother's brother are telling u dont have right in this property]
what is solution if i dont have right.
i am cornerd, every one is cheating me since i am adopted son. my own brother says i dont have rights in my real parents property since i am adopted son legally.
Sudhir Kumar, Advocate
(Expert) 23 January 2014
The Hindu Succession Act applies in whole of India (1956 onwards) including Karnataka also (unless there is some customary or tribal law applicable as a special case).
You certainly have absolutely no right in property of natural parents. So you are not cheated on this issue. Never waste time and energy and money to gain that property.
You certainly have all the rights in the property of adoptive parents.
You and your adoptive sister can file civil suit if your claim is not time barred
Sudhir Kumar, Advocate
(Expert) 23 January 2014
In case your grandfather died prior to 1956 then you may not be having a claim.
Rajendra K Goyal
(Expert) 23 January 2014
Well advised by the expert sudhir kumar ji, adopted child has no right in his natural parents property but have in adoptive parents property.
J K Agrawal
(Expert) 23 January 2014
Dear Mr Sunil
Your question is confusing. You said that your adoptive mother and your natural mother are sisters and brother of them is denying share of them means your Mama is denying to give share to you?
Please do ask more clearly that if you want share in your mama family or your adoptive fathers family.
T. Kalaiselvan, Advocate
(Expert) 23 January 2014
You are entitled to a share out of the share of your adoptive mother along with any other heirs of hers equally. Your uncle is wrong to say that you are not entitled to such a share. File a partition suit, you will get an answer.
Dr J C Vashista
(Expert) 27 January 2014
File a partition suit, you are entitled
