Legal Question in Real Estate Law in India

Dear Sir,

At present we are five brothers (no.1, no.2, no.3, no.4, no.5) and three sisters from our biological parents and all are living separately. Almost 40 years back, one of our brothers (no.2) was adopted by my tauji(fatherís elder brother). So at present he (no.2) is the sole owner of my taujiís property. And we remaining four have distributed almost equally our fatherís property in year 2000 on a stamp of Rs. 100 agreement.

But now this adopted brother (no.2) of mine has sent a legal notice to me (no.4) and my younger brother (no.5) in collusion with other two elder brothers (no.1 and no.3), claiming that he has 1/5 th part in our biological parentsí property and stating that there is no use of 100 Rs. Stamp agreement after 3 years.

So I just want to know that, does he really have any right in our property as he has gone adopted and also the validity of 100 Rs. Stamp agreement.


Sanjay Kumawat

Cell no: 09879836901

Asked on 5/14/13, 12:35 am

1 Answer from Attorneys

Jayesh Desai Jayesh Desai

Was he (No. 2) legally adopted? If yes, then he is legally no more a son of your parents, in spite of him being born of them; and therefore he shall have no right.

But, if he is not legally adopted, then he shall have same rights as you all.

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Answered on 5/25/13, 2:01 am

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