atulasi (employee) 01 September 2012

Property dispute

my grand father(20 acres own property) has 4 sons A,B,C,D.my grandfather died with out will.among these A,B,C have children, and D dont have. D died after the marriage and D's wife lived single and she adopted a boy of 15 years who is her brothers grand son.she also died by making the will that all her property goes to that boy after her death.now A,B,C decided to share the property equally among themselves.is it necessary to give property to that adopted child.? A,B,C- alive. adoped boy have own property from their own parents. adoptation also done secretly with out intimating to A,C.

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6 Replies

Anish Thakur 7018812737 (advocate) 02 September 2012

yes, no one can deny the share of adopted child ,and as a legal heir to D ,the property will divide in four parts equally among a,b,c and adopted child.

Anish Thakur 7018812737 (advocate) 02 September 2012

but for division of share among a,b,c and adopted child,the adoption of child must be legally and valid by the law.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 02 September 2012

1. D's share goes to his wife. After that she is free to give it anybody she wants by a Will. She could have equally given it to a stranger.

2. Adoption if done correctly the adoptive child loses interest in all property of his biological parents.

3. The widow as per the HIndu Adoptions & Maintenance Act, 1956 can adopt a child to herself, she need not take consent of her deceased husband's relatives.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 02 September 2012

Yes I also agree with Mr.Bharat opinion

atulasi (employee) 02 September 2012

dear sir, ten years ago when D's wife was alive she registered 1/4 of total property to her brother before A,B,C, D's wife dividing the property. so at that time A went to court that how can she give property with out dividing.then court given the order that first divide and then ur wish. but at this time she adopted a boy after that notice of court. now she died with out dividing .then how it will go to adopted child?