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removing stay {my mom property and my dad} and legal heir certifcate


23-Aug-2023 (In Family Law)
My dad had 2 marriages and we all are hindu and i am the son of second wife . i have one step brother from elder wife and 2 me and my brother from second wife. So as an attempt to take over all the properties after my dad passing without will So now my eldest has filed a false lawsuit dictating me and my brother are adopted and not related and got status quo filed on all the property . i need to have a legal heir certificate dictating we four as legal heir his mom , him and me and my brother .
Answers (3)

Answer #1
559 votes
If your brother has taken the plea of you being adopted then he is the one who has to prove this ! Survivor certificate doesn’t can be made fraudulently too ! If you guys have evidences then u were born in some hospital etc or your father’s marriage certificate etc U need to hire expert advocate in this B in touch
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Advocate D. Khan

Adv. D. Khan

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Answer #2
545 votes
if your dad had the marriage before 1956 then the second marriage is accepted and if it is post 1956 then the second marriage is not accepted unless the first marriage is annuled by way of divorce. and even in case a law suit is filed that you are adopted , you are eligible for the property of father
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Answer #3
937 votes
You can file for stay, cancelation of any documents. File for partition suit or if parents alive, file a suit for not creating any other title. Further, you can and must file a case of cheating with regards to property and fraud under criminal law. Also, a civil suit seeking compensation for all the wrongs committed against you is highly recommended.
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Advocate Maaz Akhtar

Adv. Maaz Akhtar

LawRatoDelhi | 100+ Answers
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