• Adopted son's inherited property

My father is an adopted son to a childless couple. They made a will to inherit a property to my father (the property was in possession by the childless couple through inheritance) if my father has fullfilled their needs. The will also states that my father has all rights to sell the property as his own. As said in the will my father has done their needs and they are no more. The property now belongs to my father. Do I have any rights over the property. My father has three sons including me.
Asked 7 years ago in Property Law
Religion: Hindu

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13 Answers

This is a self acquired property of your father.

If your father dis intestate, i.e, without executing any will, you being one of the legal heirs, you will be entitled to inherit this along with the other legal heirs in equal proportions.

Vibhanshu Srivastava
Advocate, Lucknow
9659 Answers
307 Consultations

Hello sir , till your father is alive he is sole owner of the property ... After his demise, the property will be equally distributed among all the legal heirs .. But if the property that your father recieved through WILL was an ancestrol property , then you can claim share over it

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

Yes the same becomes the self acquired property of your father and therefore after his death you three will have right on the same.

No right on the property till your father is alive, you will only have right if the father passes away without a will.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Your father has been bequeathed property by will

2) your father is absolute owner of property

3) on his demise intestate your mother you and your brothers would inherit his property

Ajay Sethi
Advocate, Mumbai
96921 Answers
7820 Consultations

The proeprty acquired thriugh Will is considered to be self acquired proeprty of the person.

So your father during his lifetime can dispose of the proeprty at any manner he wishes.

So if your father so wishes he can give the proeprty solely to you or deprive you from it totally.

However if your father dies without any Will then you along with your siblings will be entitled to equal share in the proeprty left by him.

Devajyoti Barman
Advocate, Kolkata
23219 Answers
514 Consultations

when your father has already inherited the property from his adopted parent and presently he is the absolute owner of the same, what is your problem and/or difficulty to inherit one third share of it.

Manish Paul
Advocate, Kolkata
287 Answers
2 Consultations

Hi,

The property is inherited by your grand father and will be inherited you along with your siblings.

Your father can not give the property to any one as all the siblings have equal rights.

Vimlesh Prasad Mishra
Advocate, Lucknow
6852 Answers
23 Consultations

1. Is your childless grandmother still alive?

2. Has your father obtained grant of probate of the said will? Without probate, the will has no value better than a scrap paper.

3. So, ask your father to obtain probate of the said will now.

4. If your grand mother also has died intestate, then being the only adopted son, your father naturally becomes the legal heir of his adoptive father without taking te probate of the will.

5. So, either your father shall have to take probate of the will if your grandmother is alive or suppress the will if your grandmother is no more to acquire the title of the properties of your grandfather.

6. Once your father's title on his father's property is established, his children also becomes equal share holder of his said properties after his demise intestate.

7. None of his children can claim share of the said property during his life time and he can sell of and/or gift/will his property to any body he feels like.

Krishna Kishore Ganguly
Advocate, Kolkata
27457 Answers
726 Consultations

Property is an ancestral one so you are having your share along with your father and brothers

P V Reddy
Advocate, Hyderabad
422 Answers
3 Consultations

If your father makes a will in your favour or dies intestate than you will have some right over the property. But if your father sells the property or transfer it by gift deed during his life then you will not have any right.

Hope my reply helps you.

Johnu Kanta Bhuyan
Advocate, Guwahati
194 Answers
3 Consultations

Dear Client,

Through WILL ur father has become absolute owner of property, non of child has any right in the property till ur father alive, and die intestate.

Yogendra Singh Rajawat
Advocate, Jaipur
22991 Answers
31 Consultations

yes you have a right over the property .. simultaneously the other two sons also have an equal share in that property.

Shiva Bharathy
Advocate, Chennai
102 Answers
1 Consultation

Whether your father is an adopted son or anything, the property that belongs to him either by inheritance or self acquisition, neither you nor anyone has any rights in it at least during his lifetime.

It shall be his own property and he only can decide about its disposal to anyone in any manner as he may decide.

T Kalaiselvan
Advocate, Vellore
87120 Answers
2338 Consultations

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