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Property partition dispute
11-Apr-2023 (In Civil Law)
We are hindus.My father had 2 brothers.In that my fathers's elder brother was adopted by other family who din't had children.While partition he dint take his share saying he don't want as he had property of his adopted parents.He willingly gave his share to my father and my father's younger brother.It all happened 35 years ago.Now my father's elder brother's son and grandsons asking for share.They enjoyed property of adopted parents and now they have lot of debts.Now they are targeting us and sent a legal notice for share to both for me and my younger uncle's children.What should we do now? Please help
please verify whether there is any document, which is registered to show that your fathers's elder brother was adopted by other family who din't had children. Also ascertain whether there is any document which show that your father's elder brother has willingly gave his share to your father and your father's younger brother. In the absence of the said document it is not possible to believe the same in the court of law. Your personal audience is required to give just and correct opinion.
Please have the opinion of the advocate who is practicing civil law.
Please have the opinion of the advocate who is practicing civil law.
Helpful?
24+
24+
Adv. Chandraiah
Bangalore | 100+ Answers
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According to Hindu Adoptions and Maintenance Act, 1956, after adoption, the adopted son/daughter lose all the rights of a son/daughter in their biological family, including the right to claim any share in the estate of the biological father or relations, or any stake in the coparcenary property. The only exception where an adopted child is not entitled to the full rights of a biological child in the adoptive family were if he/she was adopted by a disqualified heir.
Helpful?
10+
10+
Adv. Vedashree A
Bangalore | 500+ Answers
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