My father has not claimed shares in his property at my grandfather’s place. Can I fight for it? What does the law says?

[User_37fd8edb]

U

User_37fd8edb
PARTICIPANT
March 7, 2025 at 8:37 am

My father is a adopted child in Bihar. He faced every problem in a combined family. We are living at grandmother’s property we got because she was a single child.
Can I aa a son get the shares from the property my father has not claimed? What is the time after which it can’t be claimed? My father is alive.

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[Cleversajal8453]

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Cleversajal8453
PARTICIPANT
March 7, 2025 at 8:40 am

A lot of factors not mentioned, including your religion and the nature of the property.
A lot more details would be required.

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[User_37fd8edb]

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User_37fd8edb
OP
March 7, 2025 at 10:03 am

Religion Hindu,
Property type: land.

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[Cleversajal8453]

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Cleversajal8453
PARTICIPANT
March 7, 2025 at 10:21 am

Not exactly what I am looking for 😅,
But you must understand that property may be self -acquired or inherited through succession. Depending on this, and the tenure of the land (whether it is divisible or not) would require a deeper analysis.
You will need to check the revenue records, the tenure of the land and if it is a HUF property then you may be able to apply for a share as a coparcener.

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[Megaprashant4593]

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Megaprashant4593
PARTICIPANT
March 7, 2025 at 9:46 am

Based on religion the applicable inheritance law will apply.

Your father’s adoption should have been done through the then applicable legal process. If the adoption was not documented legally – he will have no rights unless property has been willed to him.

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[User_37fd8edb]

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User_37fd8edb
OP
March 7, 2025 at 10:01 am

He was adopted in a Hindu family. I think he was adopted from a church so it should be legally but i don’t know if any document is there will us. He was adopted in a kayastha family which comes into upper castes in Bihar but we were never a Hindu by treatment but without saying so they did everything more than isis can do.

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[Megaprashant4593]

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Megaprashant4593
PARTICIPANT
March 9, 2025 at 7:01 am

Just because the agency was kosher, doesn’t clarify the adoption status. For eg, a child placed in foster care, will only result in the parents having a guardian status – which is not the same as being a parent legally.
So find out how the adoption was processed, registered or declared. Then how does that stand as per the then prevailing laws. Otherwise your case will fall flat.

My grandparents fostered 2 girls. They did not inherit anything, except whatever my grandparents settled on them.

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