Inheritance of property by adopted son
Sachinaaaaa
(Querist) 11 February 2015
This query is : Resolved
Hi I'm renting a shop in Karol bagh which was taken on goodwill in 1980s.
I had good relations with the owner, but he died a few years ago leaving only his adopted son. The son was not giving me rent receipts as he said the property is not transferred to his name yet. Later after few years he said the now he has the property on his name but refused to give me the slips and asked to vacate.
My questions:
Can he inherit the property being adopted son if there is no one else in family,.or is a will compulsory ?
Can I challenge him and take him to court?
Dr J C Vashista
(Expert) 11 February 2015
Yes, the adoptive son has inheritance right in the property of his adoptive father.
Devajyoti Barman
(Expert) 11 February 2015
1. Normal law of inheritance applies to an adopted son even if there is other legal heirs.
2. Since he has better title than you , you can not challenge him in court.
P. Venu
(Expert) 11 February 2015
Landlord-tenant continues with the adopted son. He is obliged to give you rent receipts and has to abide by the due process of law if he wishes to evict you.
malipeddi jaggarao
(Expert) 11 February 2015
1. Yes - He can. No Will is necessary.
2. No. He is legally entitled to the property. Hence on this ground you cannot challenge his title.
3. You can send the rent to his address by DD. If he refuses to take delivery, he cannot take plea that you are a defaulter. You continue in the rented premises. It is for him to file eviction suit. You can defend the suit on merits and you have good grounds for defending, if you continue to send the rent to him.
ajay sethi
(Expert) 11 February 2015
send demand draft of rent to his residential address . as legal heir he can take eviction proceedings against you
Rajendra K Goyal
(Expert) 11 February 2015
Adopted son inherits the property.
Send the rent by money order and if he refuse to accept keep the returned MO intact. Can proceed to deposit the rent with the rent controller.
T. Kalaiselvan, Advocate
(Expert) 13 February 2015
Experts have advised well, you may send the rent by money order or by DD etc which will create record for rent as well as regular payment, after which he has to follow due process of law for evicting you.
prabhakar singh
(Expert) 13 February 2015
An adopted son is as good an heir as is a naturally born son and inheritance devolves on him according to law of succession if no will was testated by his adoptive father.
He is your land lord now and you are obliged
to pay him rent and is under obligation to issue you receipt.
Better you send him rent by M.O.
He can not evict you with filing suit of eviction.
Dr J C Vashista
(Expert) 13 February 2015
It is to be seen whether your property falls under the provisions of Delhi Rent Control Act, 1958 or Transfer of Property Act which depends upon the parameters laid down by the legislators.
Send due rent amount (within stipulated time) by MO to the adoptive son, now the landlord or the person authorised. If refused, get it deposited in court.
Dr. (Major) J C Vashista, Advocate,
Consultancy Room, Lawyer's Chamber Block, Delhi High Court, New Delhi-110003
Cell# 9891152939 email: majjagdish@yahoo.com
