Upgrad LLM

share in grandfathers property


Sir,

I want to know about my share in property of my grandfather. My grand father have 2 sons. One is my father and the other son is elder then my father. My fathers brother does not have any son but have the only daughter and we are 3 sister and me. As i mentiond thet my fathers brother does not have any son so he has adopted her daughters son for the propety. As my father always reside at mumbai only hence he and we does not visited our home toun. Me and my family visited near by 15years ago that time only my uncle was residing that place but after our visit that adopted son also started residing at the same place to get the property. As he was adopted by my uncle he is also have right but the point is that he is not following the name of my uncle and uses his original fathers name all over. I dont know that he got the transfer done of property on his name or not. Now i want to know that does i have the right to ask my share in that property as my father is no more and if he yes then what should i do. As I have visited my home last week and I dont think that they want to give any share to us and I don't have any document related to property. What should we do to take our share. The property is in Sikar ( Rajasthan).

please help me out.

 
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barrister

How can a grandfather adopt his grandson as son ?. Is this possible ?...

Members, plz explain...


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STUDENT

First, as correctly mentioned by Nazeem ji--under hindu law it is no possible to adopt your own grandson. Second, all the children of your father and one daughter of your uncle, all are coparcenars to the property of your grandfather. Had your uncle not hadopted his grandson even then (even now) your cousin sister would be getting both, right to ask for partition and get share (after amendment 2005, hindu succession act, daughters are coparcenars). Third, it doesnot matter who has the possession and who has been living -- you can ask, seek and get share after partition. It is your right (and all of your sisters and cousin sisters right) since birth. Forth, doctrine of representation in hindu law still makes you a coparcenar, after the death of your father. Fifth, all you have to do is gather the certfied copies of the documents of the property involved adn file suit if the partition is not being possible through table talk.

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STUDENT

**CORRECTION TO MY ANSWER'S POINT 1--First, your uncle can clearly adopt his daughter's son, it was in classical hindu law that it was Prohibited but now according to sec 10 of HAMA so such bar exists**. Second, all the children of your father and one daughter of your uncle, all are coparcenars to the property of your grandfather. Had your uncle not hadopted his grandson even then (even now) your cousin sister would be getting both, right to ask for partition and get share (after amendment 2005, hindu succession act, daughters are coparcenars). Third, it doesnot matter who has the possession and who has been living -- you can ask, seek and get share after partition. It is your right (and all of your sisters and cousin sisters right, and adopted cousin too) since birth. Forth, doctrine of representation in hindu law still makes you a coparcenar, after the death of your father. Fifth, all you have to do is gather the certfied copies of the documents of the property involved adn file suit if the partition is not being possible through table talk.


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Dear Sir and Madam

Thank you for your valuable support. We have visited that place few days back and they are not ready to give any share and my uncles son who is adopted now building new bunglow on that place. As anuradha mam said to go for legel suit but we does not have any property related documents because my father and grand mother where came to mumbai many years back and never visited our home town. Hence all the document are with my uncle only and now it should be with my uncles adopted son.  Some question are still in my mind please help me out.

1-My uncles adopted son not following my uncles name after his name and using his original fathers name. Does he should legaly called as my uncles son?

2- Can we go for suit without any property documents?

3- Where should the suit has to filed in sikar(Rajashthan) or we can file the case in mumbai. The property is in Rajasthan.

 

 
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agree with anuradha's view!

 
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Dear Sir and Madam

Thank you for your valuable support. We have visited that place few days back and they are not ready to give any share and my uncles son who is adopted now building new bunglow on that place. As anuradha mam said to go for legel suit but we does not have any property related documents because my father and grand mother where came to mumbai many years back and never visited our home town. Hence all the document are with my uncle only and now it should be with my uncles adopted son.  Some question are still in my mind please help me out.

1-My uncles adopted son not following my uncles name after his name and using his original fathers name. Does he should legaly called as my uncles son?

2- Can we go for suit without any property documents?

3- Where should the suit has to filed in sikar(Rajashthan) or we can file the case in mumbai. The property is in Rajasthan.

 
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STUDENT

 Their building of any bunglow/palace or anything on the land will have no effect on your rights as a coparcenar. Your rights exist independent of such construction, though, no denying such decisions should be made by all coparcenars since the property is hotpotch and bested birth rights of all.


--Third, the suit has to be filed in Rajasthan as the property in issue is under the jurisdiction of the same.

 

--Second, you ought to have property documents in hand to file a suit as far as i Think. Shall confirm you once again.

 

--First, see adoption should be on papers and should be registered as per sec 16 of HAMA, 1956. Eventually meaning having legal status as a child to the adoptive father. It is strange he is still following his father's name (not complete as to meaning to be adopted) and not your uncle's. His status as been adopted is suspicious. But also to remember the onus whether the adoption is valid/invalid is onto the one who questions it (us).


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Dear Anuradha Mam,

please tell me if the documents are required at tghe time of filing the case and if it is necessory then hoe can i get that docs without knowladge of my uncle.

And if you can hel me court matter then it will be great...

 
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STUDENT

See, --You really ought to need to have the property papers when go to file the suit. Seek help of some people who have been living in area since the time of your uncle--they can have some information regarding the papers (authority etc. as in registrar etc)--trace them. Also, See in your case of procurement of papers is important. Since you live far from the property in issue. I would suggest you to visit the place and seek consultation of a lawyer in that area. He can surely guide you through, infact, help you get property papers.
 
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