inheritance of property
bhardwaj
(Querist) 12 May 2014
This query is : Resolved
sir , I was adopted at the age of 2 years by my maasi and mausa without any paperwork. After my marriage tension started brewing at home, sometimes turned into not on talking terms for days. I was barred from going to shop and denied any money. Then one day I came to know that after 30 years of my age my father (mausa) debarred me from everything (property was made by him) before dying. Before death he also registered the debarred papers. Me and mausi were not in talking terms and she filed a suit against me which was decreed. she never filed suit for possession of property against me. but before death she wrote a will on a plane paper that all the property to be transferred in one of the persons name who is also a relative of mausi. Now that relative has filed suit against me. My query is that what rights I have as adopted son as now I don't have right on my bilogical parents property . please guide.
ajay sethi
(Expert) 12 May 2014
1) there is no deed of adoption made wherein you r natural parents have given you for adoption to your mausa and mausi .
2) as such you have no rights on their property .
3) in addition you have mention that before his death your mausa has debarred you from inheriting any of his properties and that said document has been duly registered
4) further your mausi has also in her will dis inherited you . as such you have no right on said property belonging to them
Rajendra K Goyal
(Expert) 12 May 2014
Without a legal adoption deed there is no right of adopted son.
The language of the debarring documents and the will need to be seen, whether both have accepted your adoption in these papers, if so you have some grounds to challenge the will and debarring documents.
Consult a local lawyer and show him all the documents.
bhardwaj
(Querist) 12 May 2014
Yes sir, the party which filed suit in court against me has accepted me as adopted son and debarred papers also mention me as adopted son.
P. Venu
(Expert) 13 May 2014
Prima facie, the deed of disinheritance could be a blessing in disguise!
