My father was adopted by one of my relatives..After adoption he got changed his father name and surname as that of adopted father I have 3 bothers ..my father died in 1989 ..my father received 50 acrens of land from his adopted father .. Till now I didn't look at RTC ..now I am seeing all my 3 brothers have got the Property transferred in their name ..now they are saying it was given to them by The lady who adopted my father ..what legal stpes I can take now to get my share of property? Please help
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On father demise you have one fourth share in property
file suit for partition for division property by metes and bounds . Seek injunction restraining sale of property by your siblings
3) if lady had executed gift deed in favour of your siblings you would have no share in property
Thank You sir. Want to know what share the lady will get from her husband property? And what share my father who is adopted by the lady will get? Can she gift all the property after her husbands death?
On demise of lady her husband and children would be legal heirs
if she had only one adopted son then lady and adopted son would inherit property equally
she can gift only her share in property
If the property was on your deceased father's name and he is reported to have died intestate then you are entitled to a rightful share in the properties left behind by your father.
You can file a suit for partition seeking division of property by metes and bounds and to allot your legitimate share with separate possession.
You can also file an application for injunction restraining the others from alienating or encumbering the property in any manner till the disposal of the suit for partition filed by you.
If your deceased father was adopted in the legally recognised manner, then he has rights over the properties left behind by his adoptive father equally at par with other legal heirs of the deceased adoptive father.
If you confirm the above situation, you can very well file a suit for partition claiming your legitimate and rightful share in the property out of the share of your deceased father was entitled.
You may have to file a suit for partition to get this.
Dear client,
To get your share you need to file a suit for claiming your interest in the father's property. The share of the lady depends on her family situation about how many children she has. Lastly, She can gift all her property after her husband's death if there are no other legal heirs to claim it.
Thank you.
Yes if she is her husband's only legal heir then she can
- As per law , after the death of your father his property would be devolved upon all the legal heirs equally i.e. mother if alive , and you three brothers.
- You can send a legal notice for partition of the property , and if no response then file suit for partition and injunction before the court.
