Settlement of ancestral property
Rosario
(Querist) 17 March 2014
This query is : Resolved
Dear Sir,
Pls advice on the following…
A,B &C are brothers & sisters .A is the Elder son, he is having control & Maintains the ancestral properties without any settlement to B & C … and he used to spend B & C for basic expenses. “A” does not have children’s so “A” adopted “C’ son without any legal proceedings… (Mutually) , A spends all expenses of his adoption child… adoption child got Married and have 1 child (3 years) now & child father died (adoption child of A).” A” is not feeling well & very critical stage Now and no proper settlement is done among A,B & C. some Portion of Property has been transferred “A” is wife by A on ancestral property.
A) B & C can claim on their ancestral property which is in the Name of A and A is wife?
B) Adoption child( Mutually) of A can claim their share for His son & wife.
C) “A’s wife can have the Full Rights of the ancestral property before Settlement to B & C.
Kindly advice on this
Thanks
Rozario
ajay sethi
(Expert) 17 March 2014
you have stated that property is ancestral . please clarify on what basis you have said property is ancestral .
in any case B and C can file suit for partition for share in property . if property has been fruadelently transferred in name of A wife you have to challnge the said transfer .
you have further stated that there is no adoption deed done for adoption of child by A . it is doubtful that so called son can claim any share of property .
Rajendra K Goyal
(Expert) 17 March 2014
As claimed by you if the property is ancestral, B&C can claim their share.
Without adoption as per Adoption act, mutual understanding adoption would be applicable legally is doubtful.
prabhakar singh
(Expert) 17 March 2014
ARE PARTIES HINDUS?
OF WHICH YEAR THE ADOPTION IS?
WHAT WAS THE AGE OF C'S SON AT THE DATE OF ADOPTION?
Raj Kumar Makkad
(Expert) 18 March 2014
It is better to first reply the relevant queries raised by Mr. Singh.
Rosario
(Querist) 18 March 2014
Christian family.
approximately in the year 1990.. but no adoption deed made and age is around 16 years...
and also "A's wife registered a property before the settlement from the Income of the(ancestral property)property... Can Claim this Property share by B & C of their share....
