Dvision of property

Mi3 (Querist) 15 June 2013 This query is : Resolved
Hi,

My father has a self earned property and he passed away without a will / transfer of property to my mother.
We are 3 children and also have an elder brother who is adopted by my aunt.

1) Now we want to divided the property among the 3 of us , do we also need to get a consent from the elder brother who was given in adoption to my aunt ?

2) Is it better to transfer the property to my mother and then divide among us or should we get it transferred jointly to our name

3) The adoption deed is registered and there is also a line mentioning that he will not have any rights in the natural father's assets.

4) Does the above document hold good or do we need to approach legally to get the property divided without the consent of the Adopted son.

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ajay sethi (Expert) 15 June 2013
adopted son would have no rights in the property . since proper adoption deed has been made the adopted son would have right only in repsect of his adopted parents .

let the property be tansferred in name of mother only . let the children relinquish their share in favour of mother .

Adv Archana Deshmukh (Expert) 15 June 2013
Once a child is given in adoption, all the ties are severed with the original family. The son given in adoption has no share in your father's property now. The property shall have 4 sharers i.e 3 brothers and mother, 1/4th share to each.