Reddy 04 June 2017

Rights on property acquired from grandfather

My father was adopted by my grandfather (no legal adoption document exists except the SSC/Voter ID/Pass book certificate in which my father's father name is reflecting as my grandfather's name). Later a gift deed was executed by my grandfather in favor of my father. Further my father sold the property to others without my consent though I was major at the time of sale.

As the property was acquired from my grandfather, do I have legal rights to question the sale and seek equal rights?

Thanks!

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7 Replies

(Guest)

You have RIGHTS only on your father's SELF ACQUIRED property. not the one that he inherited through a WILL.

Kumar Doab (FIN) 05 June 2017

It is believed that you are all Hindu.

Confirm!

Kumar Doab (FIN) 05 June 2017

Adoption or NO adoption the person (including but not limited to Adoptive father) can gift immovable property to another person (including but not limited to Adopted son) bya valid/registerd gift deed.

If the gift deed is valid/registered, then what is the issue?

Gift is without any consideration.

Kumar Doab (FIN) 05 June 2017

The gift is complete the moment donor has gifted and done has accepted the gift and confer title on done with immediate effect.

The nature of such property in the hands of done might be self acquired.

Donee having become title holder/owner can dispose his estate/property without anyone’s consent.

Your consent is not required.

Kumar Doab (FIN) 05 June 2017

Otherwise also Grandchild/Child has NO forced share in Grandfather’s/Father’s, self acquired property.

Firdosh Kassam (Karachiwala) (ADVOCATE & SOLICITOR firdoshkassam@hotmail.com) 14 June 2017

If the Grandfather has gifted his self-acquired property to your Father then you have no right in that property and your Father is entitled to sell the property to whomsoever he may deem fit and proper.

Kumar Doab (FIN) 14 June 2017

Hindu Adoption and Maintenance Act 1956

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.