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Contested will of my late adopted mother
09-Feb-2026 (In Family Law)
I was adopted without an adoption certificate, my adoption mother passed away but her daughter has left a will naming me as a sole beneficiary of her will who had also now passed away . My adopted sister’s class 2 hires cousin is now claiming they are the legal hires to my adoption mothers will .
How can I go forward from this position without a adoption certificate
It’s extremely important to have a probate to this particular Will. Until and unless you don’t secure a probate and consequently transfer the properties to your name, you will keep facing these issues of claims from potential legal heirs.
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Adv. Menaz Maqbul Shaikh
Mumbai | 100+ Answers
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kindly consult with an advocate in person and in detailed kindly consult with an advocate in person and in detailed kindly consult with an advocate in person and in detailed kindly consult with an advocate in person and in detailed
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Adv. Santosh S. Gaikwad
Navi Mumbai | 100+ Answers
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First- have you applied for probate?
second - if yes then has the claimant filed the caveat?
At first we'll have to discuss about the basic legalities of the will compliance and then we can strategize further.
To discuss in length kindly connect.
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Adv. Chanchal Singh
Mumbai | 100+ Answers
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Even if there is a will, courts scrutinize it more strictly when:
Natural or adopted children are excluded
Adoption deed strengthens your credibility immensely
6. Evidence That Helps a LOT
Start collecting:
Adoption deed / court order
Medical records of your mother
Earlier wills (if any)
Signature samples
Messages / letters showing her intent
Property tax & ownership records
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Adv. Prashant Gupta
Mumbai | 50+ Answers
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Even if a formal adoption certificate is not available, adoption can be proved through other evidence such as adoption deed (if any), school records, ration card entries, family records, photographs, and witness testimony showing that you were treated as the adopted child. Further, since your adopted sister has executed a Will naming you as the sole beneficiary, the rights under the Will will prevail over claims of distant relatives, provided the Will is genuine and validly executed. You should immediately file a Probate Petition (or Letters of Administration, as applicable) before the competent civil court and contest any objection raised by the alleged class-II heirs. Once probate is granted, their claim will not survive.
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Adv. Vinod Todiwan
Navi Mumbai | 5+ Answers
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