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Q. Maintenance of adopted son by legal parents

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Niharika Chanda

posted 9 months ago

Q.Maintenance of adopted son by legal parents
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 UNREGISTERED 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. Can i file a case to execute the UNREGISTERED WILL
4. Any chance to prevent my mother to sell remaining properties.
5. Do my mother has the right to write WILL on the properties earned by my father without consent of legal heirs

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Deepak Yashwantrao Bade

Experience: 9 Year(s)

Responded 8 months ago

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A. ) dear client kindly produce the original Will along with death certificate of your father make the will turn into probate indicating the will made by your mother as she was not entitled.

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ROBERT D ROZARIO

Experience: 15 Year(s)

Responded 9 months ago

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A. ) Your mother is entitled to transfer (by gift or sale) the three properties which are in her name as she is legally the owner of those properties. The property bought in name of your younger sister is the property of your younger sister. The property which is in the name of the son is his property. The remaining two properties must be in the name of your demised father.

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.

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Rajender Prasad

Experience: 5 Year(s)

Responded 9 months ago

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A. ) Dear client you should produce the original Will along with death certificate of your father make the will turn into probate indicating the will made by your mother as she was not entitled. F. then the will be automatically cancelled. For details, contact some advocate through vidhikarya.com

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Niharika Chanda

Replied 9 months ago

Thank you sir
Can you refer any expert in this area from Hyderabad?

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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 9 months ago

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A. ) Question repeated

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Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 9 months ago

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A. ) Dear Client,
I have already answered the questions earlier.
Shanti Ranjan Behera
Advocate

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 9 months ago

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A. ) Go into my previous answer

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