Property Property

3 years ago

I want to sell my deceased father property but problem is that my younger brother died in 2001 and his also has son who lived with his mother after her second marriage since 2002.And he not legally adopted but in his merit certificate their has his step father name. So, tell me he has right in his deceased father share property? If there then, I can sell without her knowledge without knowing to court while selling(property in Delhi).

Ayantika Mondal @ Prime Legal

Responded 3 years ago

A.Hi,
Since his adoption is not legal, he is still the legal heir of his father which gives him the right to claim his share in the property. So if you wish to sell the property, consent for the same needs to be taken from the child too. Thank You
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Vidhi Samaadhaan Vidhi Samaadhaan

Anik

Responded 3 years ago

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A.Hi,
Yes, your brother's son can claim his share in the property, as no legal adoption has taken place. He will still be considered as a legal heir of his biological father and hence the prior permission must be taken by him. Thank You
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Vidhi Samaadhaan Vidhi Samaadhaan

Sidhaarth

Responded 3 years ago

A.Yes, son of deceased brother has right to have equal share in the property.
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