Is he adopted legally.or is he given just for adoption. If he is not legally adopted then there is no proof of adoption.you can claim partition by filing a partition suit
Issue with the property
Hello Sir, This is Ranjit kumar, I have some issues with our property, Please provide me an advise sir. My Grandfather(Y) has 4 sons and my grnadfather, grandmother and father are expired. My grandfather has 3 acres of agriculture land and 1 house.(Property is with the name of my grandfather). Now my Uncles (Brothers of my father) are planning to sell these properties without my intention. When I ask them, they said they are not going to give the share in that property. Till now they are only using that agriculture land and getting income from that property also they not even shared single paisa of income getting from that property. If I want to get the income getting from that propery what I need to do?(Because they are not sharing the income getting form that property). Also How can I stop them selling that property with out my intention? I wanted to go legally sir, Please provide me an advise. One more thing I need to mention: My father has been adopted by one of our relative(X) around 1980's, but my father is used to live with his actual parents(Y). (surname of my father is also changed) My father taken care of his actual parents(Y) till they die. Also there is no wil saying that my father is not getting any share. In this scenario am I eligible to file case against them. Please advise. Thanks, Ranjit
Asked 10 years ago in Property Law
18 Answers
1. If your grandfather has died without any Will before the death of your father then your father has inherited equal undivided 1/4th share with his brothers.
2. After his death you along with your mother, if she is still alive and your brothers, sisters are equal shareholder of that 1/4th share belonging to your father.
3. Since the property is income generating one you have share in the income form it as well.
4. Now if your uncles is denying your share in the property or they are trying to sell your share as well, you can file suit for partition and injunction.
5. These all will depend upon the fact that your father was not formally adopted by your relatives and he continues to be family member of his biological parents.
Has your father been adopted legally by way valid legal means , you or your father has no right in the said land.
1) on your grand father death each son would have 1/4th share in his property .
2) your father 1/4th share would devolve on his legal heirs ie your mother , you and your siblings
3) your uncles cannot dispose of property without your consent .
4) you can file suit for partition to claim your share .
5) if however your father was legally adopted then you wont have any share in said property .
6) in such a scenario each uncle would have 1/3rd share in property and can dispose it of without your consent .
Hi, if there is any document to show that your father had adopted to another family then your have no right to claim right in the property or else you have every right to claim property of your grand father.
Currently we don't have any such documents with us, every one is not sure whether it is legal or not. what we need to do in that case. Can we file suit for partition ? Please advise Thanks, Ranjit
Asked 10 years ago
1)file suit for partition . dont mention any facts regarding adoption .
2) let your uncles prove that your father was adopted by relatives . in those days people never bothered much about paper work .
3) contact a local lawyer
Hi, then you have to file suit for partition of your share in the property onus of proof is on them if they claim your father had adopted to another family.
A. Once Adoption established in the eyes of the law that there is no difference between adopted son and legitimate or Illegitimate child. All are entitled to get share within the meaning of the Hindu Adoption and Maintenance Act. Hence, your father will have 1/4 share over the property.
B. You mean to say that you have no documentary evidence to establish your father Adoption. Hence, you file a partition suit as like original legal heir. But they will divulge this fact while submitting written statement before the Court and they have to prove the Adoption.
C. Once you bring the suit before the court, you file an Interlocutory application for not to alienate the property till disposal of the suit. By doing so, your uncle cannot dispose the property.
Let them prove that your father was legally adopted.you prove that there was no such legal adoption. You file a partition suit.
My father's surname got changed to adopted family name. Is that helps them in proving the adoption even without proper paper work of the adoption? Thanks, Ranjit
Asked 10 years ago
I believe you are asking for share of property in biological grandfather of you.
If it is so then if adoption is proved which appears likely then you are not getting any share in the properties.
If there is no legal adoption the adoption is invalid us there any in family could be a witness in proving adoption if so you won't get any share.hisschool records have surname
If they prove that your father adopted son then you dont have any right over the property.
The whole case lies on the factum of adoption. If you file a suit for partition with injunction, the onus of proving your adoption will be on your uncles. Mere change in name would not prove adoption. It would have to be proved that all formalities of a valid adoption were followed at the ceremony of adoption. Evidence of close relative will matter.
1. When did your grand father die? Did he expire before 1980? Dod yyour grandmother also die before 1980 i.e. before your father was suposedly adopted?
2. If yes, then your father had equal right on your grand parents property with his siblings,
3. If his adoption is proved to be lagally made then he as well as you have no share on your grandparent's property,
4. However, if your father can be established as a claimant of the said property legally then file a partition suit alongwith a petition u/o 39 Rule 1 & 2 praying for a satay ordere refraining your Uncles from selling the property till the suit is disposed of.
Adv K.K.Ganguly
High Court,Calcutta
1. If your grand father died without making a will then your father is entitled to an equal share in the land of your grand father. Your uncles cannot claim exclusive share in the land unless there is a will made by your grand father in their favour. The share of your uncles is equal to the share of your father, and not greater than his share.
2. Since your father is dead you will get his share in the land of your grand father. Your uncles cannot sell the land without your consent. If they are making an attempt to sell it without your consent and the consent of your mother and siblings (if any) you should immediately move to court and seek a stay on the sale of land by your uncles. Once court orders them to not to sell the property they will have to retreat. At the same time you can seek partition of the property to cull out your equal share therein.
3. The income generated from the land has to be apportioned equally between your uncles, you and your mother. So you can claim an equal share in this income.
4. If it is proved that your father was adopted by X then you may not get any share in the properties of your deceased grand father.
Without documents vouchsafing the adoption of your father by X the court will not believe that your father was adopted. Courts do not believe the oral statements as a gospel truth.
Mere change of your father's surname does not lead to a conclusion that your father was adopted. You can file the case for partition and stay and let your uncles prove that your father was adopted. If they do not produce any documentary proof of adoption you will succeed in culling out your share.
1)you should file suit for partition . let your uncles prove that you are not entitled to any share as your father was adopted .
2)mere change in surname is not sufficient to prove that your father was adopted .
3) it is necessary that valid adoption deed should have been made wherein your grand parents gave your father in adoption to close relative
A. Don't worry about the legal documentation to establish your father's adoption
B. You file a partition suit as like a legal heir, your uncle has to prove the adoption of your father and it is not easy to prove.
c. The Surname is not a crucial matter with respect to establish of adoption.