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Q. Adoption son's maintenance

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Niharika Chanda

posted 9 months ago

Q.Adoption son's maintenance
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

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Deepak Yashwantrao Bade

Experience: 9 Year(s)

Responded 8 months ago

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A. ) dear client you can seek partition with a further prayer to declare such Will and Gift Deeds not binding.contact with lawyer.

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Rajender Prasad

Experience: 5 Year(s)

Responded 9 months ago

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A. ) dear client, yes you can go for turning unreistered WILL INOT PROBATE.For details, pl.contact some advocate through vidhikarya.com.

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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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Kishan Dutt Kalaskar Retired Judge

Experience: 33 Year(s)

Responded 9 months ago

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A. ) Dear Madam
You can seek partition with a further prayer to declare such Will and Gift Deeds not binding

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Niharika Chanda

Replied 9 months ago

Thank you sir for your suggestion.
Can I go for maintenance of adopted son. If yes, whether it will comes under Civil or Criminal case. Thanks in advance sir.

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Shanti Ranjan Behera

Experience: 22 Year(s)

Responded 9 months ago

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A. ) Dear Mrs Niharika Chand,
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

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Niharika Chanda

Replied 9 months ago

Thank you sir.
Yes, adoption was done on 12.04.2010 through a registered Adoption deed.
Sir, can you refer any expert from Hyderabad for
1. filing a case for maintenance of adopted son. Pls inform whether its comes under Civil or Criminal?
2. obtaining a direction to execute the UNREGISTERED WILL.

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Shanti Ranjan Behera

Experience: 22 Year(s)

Replied 9 months ago

Dear Mrs.Niharika Chanda,
First try to solve it amicably with your mother, if she is your biological mother.
Second,Try to get one Advocate through Vidhikarya.com from their Panel of Advocates who can do the job for you.
Third,Direction is not needed for execution of UNREGISTERED WILL.
I can not suggest the names as per my MOU with them.
But I am available for Consultation and again through Vidhikarya.com
Shanti Ranjan Behera
Advocate

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Rameshwar Dadhe

Experience: 2 Year(s)

Responded 9 months ago

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A. ) If your father's self acquired then. U can prevent him . If Ur mother's self acquired then u don't have any legal rights to privent her

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