Property of Great-grandmother
Querist :
Anonymous
(Querist) 01 January 2011
This query is : Resolved
Dear Experts,
I could not add this to my earlier query "Legality of Will", so I am submitting more information regarding the same as a separate query.
My great-grandmother willed her property in 1930s to 1940s in favor of her 2 grandsons (my uncles) without leaving anything in favor of her only child, her daughter (my grandmother)
My grandmother had 4 children:
1. Mother (deceased).
2. First uncle.
3. Second uncle.
4. Third uncle (deceased).
One of her sons (third uncle) was adopted by his paternal uncle who transferred all his property in a village (around 60 acres) to him. This adoption was registered and a document is available for the same.
Also, my grandmother made a patta in favor of my mother in the 1980s. This document was registered and a copy is avaialble.
I hope you will clear my doubts on whether:
1. Since the adoption is legalized, does the will made by my great-grandmother before the adoption still remain valid? If the will is invalid, then does the patta made by my grandmother hold good.
2. Can this adopted son still claim inheritance from his biological parents’ property?
3. The patta has been registered and issued by the concerned authority. Does this hold precedence over the will made by my great-grandmother if will is considered invalid after the adoption process.
4. Also, I believe there was a law in 1930s that the property of a female can only pass on to female heirs. If this law was in existence, does the will made by my great-grandmother become invalid.
Hope you can solve my queries with regard to the above.
Thanks in advance.
R.Ramachandran
(Expert) 01 January 2011
When you say that "my grandmother made a patta in favor of my mother in the 1980s" -Please indicate which property is this? Was she having any separate property in her name and if so what is the source from which she got it?
You say that your great grandmother made will in favour of two of your uncles. Which uncles (first and second or else..)?
Querist :
Anonymous
(Querist) 01 January 2011
The property that my grandmother made a patta in 1980 is the same property that was willed by my great-grandmother in 1930s. As the only child of my great-grandmother, my grandmother made a patta for this property in the 1980s.
The property that was willed by my great-grandmother was in favour of the first uncle and second uncle. The second uncle was the one adopted and is still living. First uncle is also living.
Querist :
Anonymous
(Querist) 01 January 2011
Also, my great-grandmother made a will, but my grandmother made a patta in her name in 1980s and not a will
R.Ramachandran
(Expert) 01 January 2011
For your grandmother to have a patta in her name there should be some property. What is the property. Is the property different than the one WILLED by your great-grand mother.
Or if the patta property is the same as the one Willed by your great grandmother, then how did your mother got the patta done, when there is a Will left by your great-grand mother in favour of two of your uncles.
(You did not answer my query as to in which uncle's favour your great-grand mother left the will).
niranjan
(Expert) 01 January 2011
I presume that patta is lease,in that case she must have mentioned about that patta in the will.Right of lease would survive against your uncles.
Querist :
Anonymous
(Querist) 01 January 2011
Dear Mr. Ramachandran,
To answer your questions:
1. The will was made in favor of my first uncle and second uncle by my great-grandmother. At that time, my third uncle was not born.
2. The property willed by my great=grandmother in 1930s and the property for which my grandmother got a patta in the 1980s are the same.
3. My question is about my second uncle (who was adopted by his paternal uncle after the will was made by my greatgrandmother) whether he can now claim great-grandmother's property despite being adopted later. Since his adoption is legalized, does the will of the great-grandmother become invalid. He has already received and sold all the property received from his adoptive parents. Now, can he claim biological parents' property too?
R.Ramachandran
(Expert) 01 January 2011
Dear Anonymous,
As desired by you, I am confining myself only to point 3 above.
Please remember, your uncle, who had been given in adoption IS NOT CLAIMING ANY PROPERTY FROM HIS BIOLOGICAL PARENTS.
He is claiming his right under the WILL granted by his grandmother. Anybody can grant a will to anybody - not necessarily to relatives. Therefore, your uncle is absolutely right in claiming the property bequeathed to him under a WILL. His having been given in adoption, will not in any way disqualify him from claiming his rights under a WILL.
M/s. Y-not legal services
(Expert) 07 January 2011
mr.ramcahndran is correct. i think he gave a perfect explanation for this query.
