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SR (student)     29 October 2024

Rights of an adopted daughter in property disputes

A couple did not have a daughter (referred to here as "rashmi") in 1960, but they did have a son, whom we will call "Ram." Ram later married and had two daughters and one son. The couple acquired several of their ancestral properties in their name.

Subsequently, a daughter was adopted from her biological parents after the birth of their son. The couple raised the adopted daughter, "Rashmi," from the age of 2. She was brought into their home by her adoptive family until she turned 20. Her marriage was arranged by the adoptive family, following Hindu customs. Video evidence shows the adoptive family performing the "kanyadhana" ritual during the wedding.

Since the couple did not initially provide any property, assets, or education to Rashmi, they granted her a small house in 2006 and performed the "grihapravesh" ceremony. since then untill today she lives there  all most arounf lets say 25 years .However, the property papers were not registered at that time. All other properties were developed and began generating revenue under the names of Ram and his children or grandchildren.

The father passed away in 1987, and the mother in 2019. Now, the adopted daughter is asserting her rights to the property. However, Ram is denying her claim, even asserting that the house given to her also belongs to him. He argues that all properties were transferred to him via a gift deed from their parents, which he later transferred to his son and two daughters. Additionally, Ram is executing a will assigning all properties to his grandchildren.

Simple outline is Mr.Ram has 100 Flats over ansteral property and rashmi has one flat which not registered in her name but live there from past 25years

What types of cases can be filed in court to halt the rent collection, acquisition, or trespassing of these properties? Are there any relevant cases in the Supreme Court concerning such matters? Can a case be filed after the execution of the will or gift deed?



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 2 Replies

T. Kalaiselvan, Advocate (Advocate)     29 October 2024

She can file a suit for declaration to declare the title and interest over the property in her possession for 25 years.

She cannot claim any share as a right in the properties already on the name of her step brother .

P. Venu (Advocate)     30 October 2024

Is this a moot court question?


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