Legal Question in Civil Rights Law in India

my grand father donated a land in pondycherry by the ville in the year 1957 to my father and his first wife with terms and conditons only the life time enjoyment interest for them. as the per the ville the property goes to the legalheir.my father expired in the year of 2000. i am only the daughter of my father so i am decide to sale the land in 2011 i deal with an agreement to a party.the first wife objected the agreement and filed a suit on me in 2011.she passed away on march 2013.now her sister's only son given an petition he is adopted by the first wife in the year of 2013 march.with that adoption deed he got a legalheir certificate on 5/06/2013.but i am the only daughter and legalheir for my father with blood relation.now who is the legalheir for the said property and his petition against me valid or not please explain briefly


Asked on 8/11/13, 12:32 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

11.08.2013

Dear Madam,

If your father's first wife's sister's son has got a legal heir certificate through the Court, he becomes entitled to an equal share with you in your father's property. You may have to challenge the Court order on the pretext that your father's first wife's sister's son is neither a blood relative nor a direct legal descendant of your father so he does not fall under the definition of legal heir. If you have your father's Will that the title of the property should be transferred in your name as the beneficiary, you should produce your father's Will in the Court. Otherwise, your father's first wife's sister's son will claim an equal share with you in your deceased father's estate.

Regards,

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Answered on 8/11/13, 2:42 am


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