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I am 34 now. my single mother died on January 2020. she was paralyzed and staying with her nephews i


06-Mar-2023 (In Family Law)
I am 34 now. my single mother died on January 2020. she was paralyzed and staying with her nephews in the village. her nephews fraudulently made a will from her and captured her bank balance and 2 houses under her name. when i later knew about it, they simply denied my existence and all kind of bullied me. now i don't have any adoption deed to prove. coz i was born in the early 90's and in those days people don't do deeds. they just take a kid under their name. my mother did the same and put a random name under my father's name for my smooth admission into education. so now i am again an orphan, with no home too. but my mother wrote a letter to someone in which she mentioned that she adopted me. is that letter will be admissible in court to prove my adoption and her legal heir?? will i win against them if i fight for the property??
Answers (2)

Answer #1
565 votes
Had you been born before the commencement of Hindu Adoptions and Maintenance Act, 1956 you could have claimed to be an adopted daughter. Unfortunately, your adoption was not a valid adoption and thus, it is going to be a tough fight in court, but if you put your cards right, you may get some relief from the court of law. That letter your mother wrote, may come in handy. Good luck!
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Advocate Puneet Srivastava

Adv. Puneet Srivastava

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Answer #2
658 votes
Dear Client The first step would be to get a legal. Heir certificate made under class 1, for that you will have to make a case before the SDM in your concerned area. The letter you were referring to will have to be perused along with all other proofs/IDs etc that you may be in possession of to get a certificate made. Along with that you should move a petition before the DJ to invalidate the Will in question. Feel free to get in touch to discuss further.
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Advocate Abhinav Sharma

Adv. Abhinav Sharma

LawRatoDelhi | 700+ Answers
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