Property right for a adopted child
S.V.Desai
(Querist) 01 July 2014
This query is : Resolved
My mothers elder brother was living in our home & died 2 years ago.He has no children. his wife was also died 4 years back. In the family my mother a younger brother are alive. The ancestral property was divided between two brothers only during 1970. No share was given to my mother. The younger brother has already sold his property. Now the property of my mothers elder brother is only remaining. The younger brother also no children. He is adopting a 14 year old boy.
1. My question is that my mother has got
any right to claim his elder brothers
property as she looked after his elder
brother.
2. If her younger brother adopts a male
child the all the property of her elder
brother goes to him only.
3. If she gets share in property how much
extent she will get
ajay sethi
(Expert) 01 July 2014
on death of her brother your mother and younger brothers are the only legal heirs to his property .
younger brother will only inherit his share and not the entire property of elder brother
your mother has 50%share in her elder brother property
Kumar Doab
(Expert) 01 July 2014
It is believed that you are Hindu.
It is believed that ancestral property was properly partionend.
It is also believed that Younger brother has properly adopted the son.
AS per Hindu Succession Laws ClassI relations are:
Class I relations
• Son/Daughter
• Widow
• Mother
• Son/Daughter of a pre-deceased son (per-deceased means “already Dead”)
• Son/Daughter of a pre-deceased Daughter
• Widow of a pre-deceased son
• Son/Daughter of a pre-deceased son of a pre-deceased son (3 levels)
• Widow of a pre-deceased son of a predeceased son
If mother of Elder brother is also not alive then NO one from ClassI relations is present.
Hence ClassII relations shall come into picture:
Class II relations
• Father
• Brother/Sister
• Son’s daughter’s son/daughter,
• Daughter’s son’s son/daughter
• Daughter’s daughter’s son/daughter
• Sibling son/daughter
• Father’s Parents
• Brother’s widow
• Father’s sibling
• Mother’s parents
• Mother’s sibling
Thus your mother and adopted son shall share the estate along with others if any is present.
Raj Kumar Makkad
(Expert) 01 July 2014
You have rightly been advised by experts,
