Legal Question in Wills and Trusts in India
In 1997 a G.L NARAYANA wrote a Regd.will (intially the G.L. NARAYANA was adopted before his birth i.e in 1920 by LATE-NARAYANAPPA's wife BY ASKING HIS BROTHERS SON MALLAIH which was also written in the regd will1920 and the G.L.NARAYANA was born in 1924). This G.L.NARAYANA has 5.3 acres land which was an ansesterol property came from his father who adopted him. Of which he has full rights in only 2.41 acres and the income came from other 2.95 acers was spent for mukkotiseva. G.L.NARAYANA has 3 sons and 1 daughter. Among them he gave a GIFT DEED to his 3rd son from his own property that he buyed by marketing gold ornaments by taking orders from coustemers which is regd. in 2009 before the written of codocil on the same day and year. He also wrote that only the GIFT DEED is seperated and the rest property is remained as such. Now after demice of G.L.NARAYANA and his wife the daughter claimed in court for 1/4th share on the whole property along with gift deed. Sir, my question is (1) wheather the adoption is valied or not? (2) whether the gift deed written is valid or not? (3) will the sister get 1/4th share in whole property or not and the asking is legal or not? (4)wheather G.L.NARAYANA has full rights in the whole property or not as he is adopted?
2 Answers from Attorneys
if the property is inherited one than the daughter has a share. but the property gifted which was the self acquired property of Mr narayana cannot be partitioned.As for the adoption what are the lacunaes??/
24.03.2014
Dear Sir / Madam,
(1). No, the adoption of G L Narayana if recorded and registered prior to his birth, by Late Narayanappa's wife is null and void.
(2). If the title to the 5.3 acres of land has been registered in the name of G L Narayana in the record of the Tehsildar / District Registrar, it implies G L Narayana enjoys full ownership right to the entire 5.3 acres of land, and his registered Will and Gift Deed are also valid.
(3). The daughter of G L Narayana will have a 1/4th legal right over the remaining portion of land after deduction of the area of the land gifted by G L Narayana to his third son.
(4) Please refer Answer (2) above.
Regards,
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