Partition
lrrameshadv
(Querist) 15 April 2012
This query is : Resolved
Sir I am Vanaja, I am the adopted child to my parents. Now I am in 22 years. I got married and I begotten two children. When I was in one year age my parents taken me some where. When I was at 8 years age my parents got female children namely Sharanya now she is 17 years age and studying Intermediate. Now my father has died recently who worked as Govt. Attender.
Now my mother has not given any share of my fathers property. whether entitled 1/3rd share in my fathers property or not ? suggest me sir
Shonee Kapoor
(Expert) 15 April 2012
If your father has dies intestate, i.e. without leaving any will, you are entitled to 1/3rd of the property.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor
(Expert) 15 April 2012
However, the will would mean that the properties would be divided as per the will.
Will doesnot operate on ancestral properties on which you would have the same share as of a natural born child.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
lrrameshadv
(Querist) 15 April 2012
Thank u sir, I am the adoptive child to my parents, I have completed Degree shall I apply for compassionate appointment from govt because my father had a govt. attender.
Devajyoti Barman
(Expert) 15 April 2012
Yes you can.
If the adoption was validly done then you are entitled to equal shares with the other legal heirs of your father.
Deepak Nair
(Expert) 16 April 2012
Adopted child have equal rights as that of naturally born child.
Raj Kumar Makkad
(Expert) 16 April 2012
Adopted child has equal rights as of a natural child so you are entitled for every right attached with the right of a natural son of your father.
M/s. Y-not legal services
(Expert) 16 April 2012
yes., you are entitled to claim your 1/3rd share from your father's property.,
-tom-
K.K.Ganguly
(Expert) 17 April 2012
Legally you have equal right with your fathers biological daughter. You will not only get 1/3rd share of your father's property, if he has dies intestate, but also can lay your claim for employment on compassionate ground since your father was a Govt. Employee.
File a suit for partition of the property of your father.
