Legal Question in Civil Rights Law in India

my grand father donated land in pondycherry to my father and his first wife there is only enjoyment rights in the property till there life time.the property goes to the legalheir as per the ville.my father expired in year of 2000.my father's first wife have no children and she expired in 2013. i am already changed patta and all record in my name. now my father's first wife adpoted her own sister son aged 34 in year of 2012.now he is asking for the land for his own by the adpotion deed. now the adption is valid or not. please kindly advice me


Asked on 8/05/13, 11:33 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

06.08.2013

Dear Sir / Madam,

Both the wives and blood related siblings of the deceased have an equal legal right to the estate of the deceased if the deceased has died intestate (without making a Will). If your grand father had not specifically Willed that his land will only go to your father, your step mother acquired a 50% share in your grandfather's land. And a Will should be backed by a Probate from the Court. Now, whether an adopted brother, sister, son or daughter, not being blood related, acquires any legal rights in the estate of the deceased is a subject matter of debate to be decided by the Court. In my view, if your step mother's sister (adopted) challenges the Will, the Court may decide that 50% of the ancestral land should be transferred to her name.

Regards,

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Answered on 8/06/13, 2:21 am


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