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Ashwin   20 April 2017

Do i have any right in my grandfather's self owned property

My grandfather had purchased flat in 1971 in mumbai. He died in 1990. My grandfather had 4 son. My father also expired when i was 7year old, he died due to TB. Now my mother has married to one of my uncle who is alive.so our uncle has adopted me & my brother when after our father expired. Now he has become wild all of a sudden. And he want me to get out of this flat with my wife. I told him that I'm equal partner in this flat being legal heir. So can't ask me to leave this house. Do i have equal right or any right in this flat???


 5 Replies

Kumar Doab (FIN)     20 April 2017

It is believed that you are all Hindu.

And the said Flat was self acquired property of Grandfather.

Confirm!

Kumar Doab (FIN)     20 April 2017

The 1st right on estate/property of Hindu male that dies without disposing his estate in his life time by a valid/registered deed and/or without leaving a valid WILL is of his ClassI legal heirs.

The ClassI legal heirs of Hindu male are: Mother (if alive as on date of death), Wife (if alive as on date of death), sons, daughters………………….

So your father also had equal share being ClassI legal heir.

After your father’s death, his share devolves upon his ClassI legal heir.

So you have equals share from share of your father.

Obtain death certificates, legal heir certificates of grandfather, father and submit to authority under whose jurisdiction propeety falls to record inheritance and obtain latest mutation records with all link documents.

Kumar Doab (FIN)     20 April 2017

Don’t vacate.

Prefer amicable settlement to the dispute.

Offer to buy share of others or to sell your share.

And prefer to consult local counsel specializing in Loacl laws and revenue/property/civil matters, than acting in haste and in emotional outburst.

Kumar Doab (FIN)     20 April 2017

Marriage of Hindu widow with Brother in Law (brother of husband i.e one cannot marry a person who was the wife of the brother of the other): NO comments on your customs and validity of marriage. However: She (your mother) after her remarriage still has share in her later husband’s estate/property.

 

 

Adoption by uncle: Can still be valid. If it is valid adoption.

The share of property/property that was vested in you befor adoptin remains yours. After adoption like a natural/biological son you have right to share in your adoptive father’s property (ies).

Kumar Doab (FIN)     20 April 2017

 

 

 

After valid adoption the relationship is same as that of with natural/biological parents.

Hindu Adoption and Maintenance Act 1956



Section 10: The child must be less than 15 yrs of age. However, if a custom to the contrary exists, such an adoption may take place.



Section 12 : an adopted child is deemed to be a natural child of his adopted parents for all purposes. All relations with the natural parents and family are severed and new relationships with the adopted parents are established. …………………………………the adopted child is not divested of his property that has vested in him before adoption and that an adopted child cannot divest anybody of his vested property after adoption.

 

Section 15: a valid adoption cannot be canceled either by the adoptive father or mother. Neither can the adopted child renounce the adoptive parents and go back to the family of his birth.


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