My property bifurcation problem
Ramesh
(Querist) 02 July 2017
This query is : Open
There were two brothers bearing a joint property they transferred the entire property on the name of laxmaiah and neelamma ( youngest bro and wife) ,I was born to the eldest brother but I was adopted by the youngest brother ,now daugthers of laxmaiah are claiming that the property belongs to them and denying my share from property,deapite all these I took all the responsibility of being the son and performaned my duties as a son all my parents are dead now and didn't leave any will,how should I proceed to get my right on property?
Kumar Doab
(Expert) 03 July 2017
It is believed that you are Hindu.
Confirm!
Kumar Doab
(Expert) 03 July 2017
The said property is self acquired or ancestral.
Kumar Doab
(Expert) 03 July 2017
Go thru;
Hindu Adoption and Maintenance Act 1956
Section 10: The child must be less than 15 yrs of age. However, if a custom to the contrary exists such an adoption may take place.
Section 12 : an adopted child is deemed to be a natural child of his adopted parents for all purposes. All relations with the natural parents and family are severed and new relationships with the adopted parents are established. …………………………………the adopted child is not divested of his property that has vested in him before adoption and that an adopted child cannot divest anybody of his vested property after adoption.
Kumar Doab
(Expert) 03 July 2017
GO thru:
http://www.lawyersclubindia.com/experts/Adoption-deed--630466.asp
Kumar Doab
(Expert) 03 July 2017
You may succeed to claim property from natural/biological and adoptive parents, if your case satisfies provisions of applicable enactments.
The adoption should be valid.
Adoption deed may not necessarily be mandatory.
Kumar Doab
(Expert) 03 July 2017
Same Query:
http://www.lawyersclubindia.com/experts/My-property-distribution-problem--646181.asp
Or different.
Rajendra K Goyal
(Expert) 03 July 2017
All documents need to be referred, discuss in detail with local lawyer.
Dr J C Vashista
(Expert) 03 July 2017
No reply if the query is repeated.
Consult a local lawyer.
Kumar Doab
(Expert) 04 July 2017
Hope you are satisfied.
Ramesh
(Querist) 04 July 2017
Ya sir I am a Hindu ,the problem is I was born on 1967 and that time there was no knowledge of adoption deed to anyone,moreover my sister's are troubling me by not giving me correct share in the property they are a asking me to satisfy with the inappropriate distribution,all the original papers of the property are with my sister's ,how should I proceed
P. Venu
(Expert) 05 July 2017
Partition deed is not mandatory for a valid adoption; it is only that necessary ceremonies ought to have been performed. Anyway, as the adopted son, you have a share in the property of your adopted parents. Try to settle the matter matter amicably; else, you can file a partition suit.
Ramesh
(Querist) 05 July 2017
The problem I am facing is I don't know whether my mother has left any will before her death ( my father died before she expired) ,can she write a will on my sister's name and if she writes is it valid as property is ancestoral.Right now all property papers are with my sister's and they are keeping dumb on this matter
