Zameer Ahmed (DiRECTOR) 08 March 2010
Mr G and Mrs M has no kids.They are Muslims in India. They have adopted Mr Z, son of her brother when he was six days old itself. From Childhood, in school certificates and everywhere, Mr Z is named as Son of Mr G. I would like to know if Mr Z can inherit property of Mr G if Mr G has not written any will.
Karan Adhikari (Service ) 01 April 2010
Yes Ofcourse, but this is subject to certain formalities such as whether the adopation is done complying the terms of Adopation Act.
Devajyoti Barman (Advocate) 01 April 2010
Mr Karan Adhikary, without knowing the subject one should not advise. There is No Adoption Act in India . Please go through the relevant Acts of the land.
Now the reply- the Muslim law does not recognise adoption and after the death of the adopted father the law of inheritance does not apply upon the adopted the child unless he is related by blood bond. In your case the child being the son of the brother he can inherit some part of the property. To give him some more the adoptrd parents can Gift or execute Heba Nama.
Zameer Ahmed (DiRECTOR) 02 April 2010
Devajyoti Barman (Advocate) 02 April 2010
Ok ,then heba nama or gift is necessary. Adoption deed will not do.
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