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Author Topic: Adoption and Family matters  (Read 76 times)

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Offline niharikachanda

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Adoption and Family matters
« on: November 18, 2018, 05:07:52 PM »
We are 3 daughters, am the elder one. My parents adopted my son through registered adoption deed in 2010 who crossed 15 years now. My father was a retired Govt Employee and expired in 2015. since then, my mother is receiving pension, presently it is Rs. 30000 pm. All the 7 properties are his hard earned properties. 1 property is on my son name immediately after adoption. 3 are on my mother name who is a house wife. 1 is on my younger sister bought in 2003 when she was a minor. till the demise of my father, my parents were taken care of adopted son's maintenance. since my father demise, my mother  refused to take care of his maintenance. my son is with us now. recently in Sep. 2018, my mother transferred 2 properties which are on her name to my both sister's daughters one each through a Gift deed. Now my two sisters changed her mind and now they are trying to transfer all the properties. My mother has also recently registered a WILL, the contents we dont know. My father left a paper with his own hand writing stating 5 properties should belongs to adopted son and one each to my sisters.
My queries are:
1. As per my knowledge, legal heirs are 5, i.e. my mother, 3 daughters and adopted son. is it correct?
2. Can i take any legal steps for my son's maintenance from my mother? like direction from court for maintenance from her pension etc.
3. Can I take any legal steps for share for me and adopted son in 2 properties which were already transferred?
4. Do I have any recourse to prevent my mother to sell/transfer remaining properties.
5. Do my mother has the right to sell/transfer OR write WILL on the properties earned by my father without considering the legal heirs.
6. My mother is claiming that she is only the legal heir as wife of the demised and owner of all properties and she can transfer/ sell them to any body with out the consent of 3 daughters and adopted son. is this maintainable in the court of law as none of the property was earned by her.
Point wise reply with relevant legal provisions will be highly solicited.

Offline kalaskarkk

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Re: Adoption and Family matters
« Reply #1 on: November 22, 2018, 01:07:20 AM »
Dear Sir,

My answers are as follows:

1. As per my knowledge, legal heirs are 5, i.e. my mother, 3 daughters and adopted son. is it correct?
Ans: Yes.

2. Can i take any legal steps for my son's maintenance from my mother? like direction from court for maintenance from her pension etc.
Ans: Yes, even you can claim directly partition on behalf of adopted son.

3. Can I take any legal steps for share for me and adopted son in 2 properties which were already transferred?
Ans: Yes, you can take steps even in respect of two properties.

4. Do I have any recourse to prevent my mother to sell/transfer remaining properties.
Ans: Yes, when you file partition suit, ask your advocate to file interim application restraining your mother from executing any document in respect of remaining properties.

5. Do my mother has the right to sell/transfer OR write WILL on the properties earned by my father without considering the legal heirs.
Ans: After the death of her husband, your mother entitled for one share towards her livelihood and she cannot sell the properties or execute the Will as she is not the absolute owner of properties of your father.

6. My mother is claiming that she is only the legal heir as wife of the demised and owner of all properties and she can transfer/ sell them to any body with out the consent of 3 daughters and adopted son. is this maintainable in the court of law as none of the property was earned by her.
Ans: No, all of you entitle for a share.
« Last Edit: November 29, 2018, 02:51:58 AM by admin »
Regards:

Kishan Dutt Kalaskar
Retd Judge and Advocate
No.74, 1st Floor, “Disley”  House,
Malleswaram, Bengaluru-560003.
Mob: 9686971935, 080-23461189
kalaskarnetra@gmail.com
Call me for clarification

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