Property Rights - 15 years ago my father took a daughter Property Rights - 15 years ago my father took a daughter

2 years ago

15 years ago my father took a daughter of my uncle from nepal to delhi india with their permission, the main reason was to educate her as we had poor education system in my uncle area
At the time of admission of my cousin sister in school, my father created a birth certificate of my cousin sister with his name as father.
Question:
can she be treated as my father child? she has a birth certificate + aadhaar card + CBSE certifcate with wrong father name.
Can she claim property rights under Hindu Succession (Amendment) 2005 act ?
How can i correct her father name in all documents?
How can i create a permanent WILL of my father/mother with their consent?

Anik

Responded 2 years ago

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A.Dear Client
None of you can correct his father's name now because if your father now gives any declaration regarding the actual truth, then he will be subjected to penal offence. It is advisable to request your father and/or mother under whose name the properties are, to make registered Will bequeathing in their own children's favour.
Thanks
Regards
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Vidhi Samaadhaan Vidhi Samaadhaan

Advocate Sinjari Bandyopadhyaya

Responded 2 years ago

A.By virtue of those identity proofs, she is entitled to claim your father's property after his death and none can correct his father's name now because if your father now gives any declaration regarding the actual truth, then he will be subjected to penal offence.

It is advisable to request your father and/or mother under whose name/s the properties are , to make registered Will bequeathing in their own children's favour their movable and immovable assets specifying all the terms clearly.
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Vidhi Samaadhaan Vidhi Samaadhaan

Abhimanyu Shandilya

Responded 2 years ago

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A.Dear Client
The documents are good enough to show that she is the daughter of your father and hence she will have all the rights in the property just like you unless you all file a case and it is proven that she is not the real child.
Correcting the names in the doc will be herculean task.
You cannot create permanent will for them rather they have to make the will. For that they can get in touch with a lawyer to seek help
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