Adopted Son’s Battle For Inheritance Reaches High Court

Court Overturns Civil Court’s Order To Dispossess Son From Disputed Property; Says Can’t Create Third-Party Rights For Now

A legal battle over a property in Navrangpura has reached the Gujarat High Court, as an adopted son fights his step maternal uncle over right to inherit the estate. The high court has set aside an order issued by the civil court to dispossess the son from the property, bringing the case back into focus.

In this case, one Jayaben and her husband Ratilal had adopted Nishith as the couple had no children of their own. After Ratilal’s passing in 2017 and Jayaben’s death in 2020, a dispute arose over a Will drawn by Jayaben. It bequeathed her inherited properties to a religious trust. Among these properties is a flat in Navrangpura, where Nishith stays with his family.

Jayaben’s brother, Kanti Bhai, insisted that Nishith vacate the flat in accordance with the Will’s stipulations. However, Nishith refused, asserting that as the couple’s legally adopted son, he held a rightful claim to the property. Kanti Bhai’s efforts to lodge a complaint against his step nephew in the lower court were unsuccessful.

Kanti Bhai then turned to the civil court to seek execution of the Will, which ordered Nishith to vacate the flat or pay monthly rent of Rs 25,000 to his step maternal uncle. In respon-se, Nishith appealed to the Gujarat High Court, providing his marriage invitation card and government documents as evidence of his legal adoption and right to the property.

Upon further review, the high court overturned the lower court’s order and instructed it to decide the case as soon as possible, hearing all parties involved. In the meantime, Nishith has been granted permission to stay in the house, under the condition that he does not create any third-party rights until the final resolution of the case.

(All names changed to protect identities)