Will
Rajeev Singh
(Querist) 03 April 2013
This query is : Resolved
Dear Sir,
My Cousin Uncle has no offspring (no Daughter no Son) but only two married adopted daughter.My Cousin Uncle has only one Son of his father. My Cousin aunt died before two months ago. The Property (where we are living along with my Cousin Uncle) was the name of my Cousin aunt.
My Cousin aunty did not do any types of will of gift in the favour of any person in her life period.
I am not adopted son of my Cousin Uncle as in my all certification natural father name are recorded in the place of father name ?
Now my Cousin uncle wants to only will the propert of gift the property in the favour of me. He did not want give any type of share of propery to adopted daughter. Has the right of my Cousin uncle for the same ?
If My Cousin uncle has right for same then is it possibilities for any objection from adopted daughter side in future ?
I taken advised to local civil lawyer - Lawyer advised that my Cousin uncle has right only half part of property. On Another half part of property, adopted Daughter has right.
But sir I want to take your advice for full Property.
prabhakar singh
(Expert) 03 April 2013
When the property was owned by your Cousin aunt who died intestate leaving behind her husband and adopted daughter only then her property has devolved upon her husband and adopted daughter equally half and half.
Hence your lawyer's opinion is correct as being sharer of 1/2 your cousin uncle can transfer only his share but not the share of his adopted daughter.
You can get full only when both your cousin uncle as well as his adopted daughter jointly transfers you whole of the property in your favor.You or your cousin uncle do need to convince her for it.
Adv k . mahesh
(Expert) 03 April 2013
yes they are legally adopted daughters and have there half share from there mother and half to her father
even if your want to go then there will be legal problems in future
prabhakar singh
(Expert) 03 April 2013
THERE CAN NOT BE PLURALITY OF A GENDER IN ADOPTION.
Raj Kumar Makkad
(Expert) 03 April 2013
If this is a repeated query then no reply from my side.
