53 acres in the hands of B is ancestral property. B after death A adopted C. C has four sons, D, E, F & G. B has no right to exclude C from ancestral property. B as adoptive mother of C has only 1/5 share in the ancestral property with C, D, E, F & G. Any transfer of property excluding C is invalid and liable to be cancelled. The very transfer of property is illegal, there is no question of any procedural irregularity. Challenge the transfer of property before Tahsildar as all transfers are without notice to you. You can file appeal against the order of Tahsildar and than writ directly in High Court seeking correction in revenue record as they were before transfer. After that file a suit in court for partition of property. Procedure is time taking but you wil get your share.
Property of Adopted Son
A and B are husband and Wife. My Father is C. Also A and B are Uncle and Aunty of C .I Am D and my younger Brothers are E F and G After death of A ,B Adopted C. But C Died Before B. B Got 53 Acres of A's ancestral property Spread in 6 Survey Nos Since i am C was in government service i did not checked this property information Regularly. But now i am seeing that the my younger brothers registered their names .(Different names in different Survey nos) Now they are saying they got it from B (with some proceedings the details of which i am trying to from AC Office) And last week we all brothers met to discuss the bifurcation of the property. All of them( E F and G) are saying I (D) do not have any share in property as all they got it from B And these proceedings started before 2000 I want to know if something illegal is found in the proceedings/documentation/procedure carried out by brothers can i file a case to cancel all those and apply for fresh bifurcation of the Property as per law ?
First answer received in 30 minutes.
Lawyers are available now to answer your questions.
12 Answers
you need copy of documents executed by B to enable us to advise you
you are at liberty to take legal proceedings to set aside transfer of property in name of father siblings
Dear Sir,
You need to acquire a copy of documents which are executed by B for better understanding.
You can also opt for legal proceedings for setting aside the transfer of property.
Thank You
In your previous question which you posted in connection with the same subject you were advised to file a suit for partition after confirming the details of the proeprty.
Now you are coming out with an absolutely new fact stating that your father was adopted by the adoptive mother after the death of her husband.
In that case your father cannot be considered as a legal heir to the deceased husband of B, if that is the legal fact, then any suit filed seeking partition and your share out of your father's adoptive mother's property after it was transferred by her to others cannot be claimed as a right.
In any case you may produce all the relevant papers before an experienced lawyer in the local and obtain a legal opinion on all the aspects and decide further course of legal action as suggested.
Yes you can do that
- As per law , after the death of C who was adopted by the B and after the death of B if she was childless , the property can be claimed by all the legal heirs of C i.e. D to G.
- Further , after getting the property from the deceased property B was having her right to transfer the property to anyone .
- Further, if B had transferred the property in their name during her lifetime then other cannot claim a right in the property.
- Hence, you can try to find out the documents if any was executed by B in their favour , and if the said papers are forged then being the legal heir of C you can lodge an FIR against them and cancel the bifurcation of the property .
Sir For B its the property she got from A's Family ..After Death of C how much share she will get? All of 53 acres ? If yes then what about share of C's Sons? Please clarify
C is reported to have been adopted after the death of A, hence the succession to the property was not open to C at the time of his adoption.
The properties from A's side has already devolved or vested on B even before C was reported to have been adopted by B.
Therefore the properties that were transferred to B becomes her own and absolute property.
Thus B having clear and marketable title to the entire properties, and since C was not entitled to any share in the property as a right because B was alive at the time of death of C, legally there can be no share or claim for a share in the property by B or his successors in interest.
Hence the transfer of property by B to your brothers is legally valid and maintainable.
Since you cannot claim any share in the properties as a right in the given circumstances, any legal action you may propose to initiate may or may not fetch you the desired result in your favor.
B got lands from A's family after court decision.. And C was adopted Before she got the court order in her favour..In such case also she is entitled to all of the land?
C is not the adopted son of A.
When the succession opened C was not the member of the family neither he is the adopted son of A.
C was adopted by B subsequent to the death of her husband.
If at all B died intestate before transferring the properties lying on her name to others then C was entitled to inherit her properties or upon his death, his legal heirs were entitled to inherit his share of property.
She will her the entire share as nothing will be divided to C. But if C has heirs then they will be entitled for share of C
On demise of A B was only legal heir
hence she would be entitled to 53 acres of land
adoption of C was done after demise of A by B
if B had executed gift deed during her lifetime then C children would not have any share in property
B would be only legal heir on demise of A
Dear client,
As per your latest question, C will still be considered as a son to B so he is entitled to get his share in the ancestral property. All will get equal shares in the A property.
Thank you.