Legal Question in Real Estate Law in India

i was adopted (no legal documents) by my uncle i.e. my biological fathers elder brother when i was one year old . henceforth my baptism certificate , school , college certificates all bearing my adopted parents name . they treated me as their own child. i was not aware of this adoption till i was 16 years of age . Now i am 36.i was a christian by birth, but now i am married to a muslim .Both my adopted parents have passed away one year back . My adopted parents have a son who is elder to me . now he is not giving my share of the property. Do i have the rights to the property? Can i file for a partition suit? what should i do? if i file a case will it become a fraud case because i do not have any legal documentataion regarding my adoption? i have met two three advocates but all are giving different guidances. please waiting for ur valuable reply. the said property is in kerala.


Asked on 12/03/12, 10:45 pm

2 Answer from Attorneys
uttam Tibrewal

dear client....

As u said in ur mail all ur certificates have ur fathers name ( one who adopted you) then not a big deal... you can go for partition suit and claim ur share in the said property. If you can get any evidence were you father ( one who adopted ) has given ur name as his son then it would support your wording... nor yes you can claim ur share but if court ask for proof that you have been adopted then you need to produce the evidence..

for any further help do reply

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Answered on 12/03/12, 10:54 pm


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