Legal Question in Family Law in India
Adoption law
Dear Sir,
When I was only 1.8yrs old & my brother was only 04 months, my mother passed away.Then my brother has been taken away by my father's sister & he has changed his surname as wel as his father's name in all official documents like school , college certificates etc.(He is writing my father's sister surname & her husband name). Now, I want to sell my forefatheer's property without his signature on deed, Is it possible? will he eligible to claim for this property?Should I go ahead without his consultation? kindly advice.
5 Answers from Attorneys
Re: Adoption law
you cannot sell the property without your brother consent
Re: Adoption law
The fact remains that he is equally entitled to inherit your forefather's property; merely fact of his writing any other surname or that in his school records his name is being shown differently, will not change the situation; We need to examine the situation as per birth records/birth certificate; I would adivse you to make him a share holder and consult him before selling the property of your forefather because he is a share holder.
Re: Adoption law
you can go ahead without their consent if you feel that they will not interfere.
even if they will interfere you can dispose it off, IF U CAN.
legally u may face problem which i will not be able to tell without personally perusing them.
u can take legal fight if they interfere otherwise have fun
Re: Adoption law
I have gone through your query you cannot sell your forefathers property without his consent. If you sell the property without your brother consent sell will be invalid.
Re: Adoption law
If your brother was not given in adoption by your father to his sister than you cannot sell the property of your forefather's as your brother has equal right with you in the property. You have no right to sell the said property without his signature on the deed.
Your brother can claim his share in the forefather's property as matter of right. You should not go ahead without his consent or authority otherwise he can legal action against you for illegal act.