Adoption son's maintenance
5 years ago
We are 3 daughters,My parents adopted my son through registered adoption deed. My father was a retired Employee & expired in 2015. since then, my mother is receiving pension of 30K. All the 7 properties are his hard earned. 1 property is on my son name immediately after adoption. 3 are on my mother name who is a house wife. 1 is on my younger sister bought in 2003 when she was a minor. till the demise of my father, my parents were taken care of adopted son's maintenance. since my father demise, my mother refused to take care of his maintenance. my son is with us now. in Sep'18, she transferred 2 properties which are on her name to my both sister's daughters one each thru Gift deed. now she is trying to transfer remaining. My mother also registered a WILL. My father left a UNREGITERED WILL with his own hand writing stating 5 properties should belongs to adopted son and one each to my sisters.
queries
1.Can i take any legal steps for my son's maintenance from my mother?
2. Can I go for cancellation of gift deeds.
3. Any chance to prevent my mother to sell remaining properties.
4. Can I go for execution of UNREGISTERED WILL
5. Do my mother has the right to write WILL on the properties earned by my father without consent of legal heirs
Deepak Yashwantrao Bade
Responded 5 years ago
Rajender Prasad
Responded 5 years ago
ROBERT D ROZARIO
Responded 5 years ago
You should press for the remaining two properties which is in your father's name on the basis of the Will of your demised father in the court. If you are successful with that, your son will becomes the beneficiary of those two remaining properties plus the one which is already registered in his name.
You can seek partition with a further prayer to declare such Will and Gift Deeds not binding
I would like to answer your questions as follows:
1.Yes
2.No if the properties are in the name of your mother.
3.yes, if the property earned by your father.
4.Yes
5.No.Property belongs to all the legal heirs as per the Legal Heir Certificate provided by the Competent Authority of the State Government.
Can you tell when the Adoption was done?
Have you ever gone through the legal process of Adoption... the rules and regulation framed by CARA-Government of India?
Shanti Ranjan Behera
Advocate
Rameshwar Dadhe
Responded 5 years ago