Inheritance Rights
Querist :
Anonymous
(Querist) 12 February 2010
This query is : Resolved
FACTS OF THE CASE
1.Mr. “DP” and his wife “N” had no children and hence adopted his elder brother son “G” in the year 1970 when the child was less than a year old.
2.The adoption was informal and no adoption deed was made . Even there was no formal function or photographs of this adoption.
3.Mr. “G” married to “L” in the year 1997 and he had two children “T” and “S” out of this marriage.
4.Mr. “G “ died in year 2000 leaving behind his wife and two minor children.
5.The widow of “G” i.e. “L” got remarried to her father-in-law’s i.e. “DP” younger brother’s son “V” in the year 2001. Out of out of remarriage there are no children and “L” is presently staying with “V” along with her children.
6.Mr. “DP” ex father-in law of “L” died without a “WILL” on 01-01-2008 leaving behind his wife “N”
OPINION SOUGHT
Opinion is sought in respect of :-
Inheritance rights of “L” in the estate of Late “G” (Ex-husband) and “DP” (Ex father-in-law )
R.R. KRISHNAA
(Expert) 12 February 2010
L has no inheritance rights in respect of the estate of her late husband G, since G has not been validly adopted by DP (L's father in law)i.e., no datta homam and adoption deed done. Hence G is not the validly adopted son and hence L or her children get no inheritance rights, as G himself has no right of inheritance.
As regards the inheritance rights of L in DP's property, she has no right as V the second husband of L is not the son of DP. (V is the son of younger brother of DP).
L has no inheritance rights overall. Only N the wife of DP has complete right of inheritance of DP's estate being sole surviving legal heir of the deceased DP.
kanhaiyalalojha
(Expert) 12 February 2010
I agree with Mr R R Krishnaa- K L Ojha,advocate,-M-09431902920
Querist :
Anonymous
(Querist) 12 February 2010
Dear Mr. Krishnaa,
Thanx for ur quick response- if you could further clarify.
In the school certificate as well as in death certifcate of Mr. "G"- he is shown as son of Mr. "DP"- even in the ration card he is shown as son of "DP". As per some customs of Hindus families- the adoption is without any formal process of law, however all cicumstantial evidence is there to prove this.
Do these documents in any case create legal rights as a legal heir of "L" and her minor children ? of how do the Courts in India view the matter, if at all contested,
