Property rights of a hindu child in adoption
shyam lal sharma
(Querist) 19 October 2016
This query is : Resolved
Good Afternoon learned Adocates
Kindly solve my Query as soon as possible...
Property rights of a Hindu Child in Adoption
Mr. A is the adopted child of Mr. B, at the time of adoption Mr. B given some property through registered deed (Settlement deed) to adopted son i.e.,(in the year 1973) to Mr. A, and after Mr. A’s adopted father’s death Mr.A inherited his biological father property with his biological brothers (in the year 1999).
And now Mr. A is demanding the properties of his adopted father i.e., Mr. B and now Mr. B natural daughter and others are in enjoyment.
As per my opinion once Mr.A inherited his natural father’s property he lost his capacity to claim his adopted father’s property.
Kumar Doab
(Expert) 19 October 2016
B can claim share in ancestral property of biological parents.
B can claim share in property parents that adopted him.
Enjoyment by B natural daughter and others should not matter.
Devajyoti Barman
(Expert) 19 October 2016
First of all once adoption is validly executed the child loose all connections and legal rights from his biological parents.
This very much include right of inheritance as well.
So in other words A was or is not at all entitled to inherit a single farthing from his biological parents.
If he receives anything from his biological family then the same is very much liable for set aside.
However he is very well entitled to inheritance from the proeprty left by B. Mere receipt of property from his biological parents which was illegal would not restrain him from getting proeprty on inheritance from B.
Rajendra K Goyal
(Expert) 19 October 2016
How the adoption was done?
Adopted son has equal right in the property of father who adopted him with other legal heirs, if any.
Ms.Usha Kapoor
(Expert) 20 October 2016
Mere adoption will not change the status of adopted boy from that o f his biological rights to his parents property who are biological. He is entitled to both biological parents property as well as adopted parents property.
Adoption would not defeat his rights to his biological parents property.If you appreciate this answer please click the thank you button on my profile.
shyam lal sharma
(Querist) 20 October 2016
Thanks All...
after the death of his adopted father Mr.A inherited his boilogical father property then he lost his adopted son criteria or not....
shyam lal sharma
(Querist) 20 October 2016
Good Evening All...
LR's of Mr.B by hiding these fact that her father Mr.B adopted son she only sold remaining property to my us ... and now Mr.A is not giving possession of property and LR's of Mr.B has also executed & Registered separate indemnity bond to us stating that her title is clear in case any defect found she will indemnify,,, what shall I do further and also given a affidavit (family tree) without reference of her adopted brother details...
Please give me solution
Shall I issue public notice in NEWS paper stating the fact that she cheated or file police compliant... or file civil suit... or plz refer me other alternatives....
Rajendra K Goyal
(Expert) 20 October 2016
You can file FIR if cheating has been done.
Show all documents to local lawyer and discuss in detail.
cherukuri prasad
(Expert) 21 October 2016
Adopted child will have the right to property from the blood related or biological parents and adopted parents
Kumar Doab
(Expert) 23 October 2016
Another query in other from for Foster Son, instead of Adopted Son at:
http://www.lawyersclubindia.com/experts/Foster-son-s-rights-over-the-ancestral-proeprty-of-fostering-father-620736.asp
Kumar Doab
(Expert) 23 October 2016
Regret, Can't agree that adopted child is entitled to all properties of all nature of both biological and adopter parents.
Kumar Doab
(Expert) 23 October 2016
It seems that author has been buying/into property deals of property(ies) that have one or more issues.
Such property(ies) are usually available at low/reduced/nominal/throwaway prices.
Still, since funds are involved, you may retain a very able counsel specializing in such matters to defend your interest and consult well in advance.
Kumar Doab
(Expert) 23 October 2016
It seems that author is himself a practicing lawyer.
http://www.lawyersclubindia.com/experts/Property-rights-of-a-Hindu-Child-in-Adoption-620451.asp
http://www.lawyersclubindia.com/experts/Foster-son-s-rights-over-the-ancestral-proeprty-of-fostering-father-620736.asp
http://www.lawyersclubindia.com/experts/GPA-598581.asp
http://www.lawyersclubindia.com/experts/Women-Share-in-disposed-off-property-499091.asp
http://www.lawyersclubindia.com/experts/divorced-women-right-over-the-property-493276.asp
http://www.lawyersclubindia.com/experts/trespassed-over-my-property-478256.asp
http://www.lawyersclubindia.com/experts/Property-illegally-encorched--463526.asp
http://www.lawyersclubindia.com/experts/Regarding-loan-on-property-434456.asp
http://www.lawyersclubindia.com/experts/Enrolment-426086.asp
http://www.lawyersclubindia.com/experts/Joint-Family-property-or-not-419531.asp
Rajendra K Goyal
(Expert) 23 October 2016
Engage permanent lawyer to look after your legal interest in all above referred cases.
