Rights of adopted child in the property of original parents and adoptee parents
Lallit Sharma
(Querist) 11 May 2017
This query is : Resolved
Dear Sir,
Please Guide me , My father was adopted by one of our Relative . And My Father Cared both the parents (i.e. Adopter Parents & Birth Parents) till their last moments.Only My grand mother is present Today (among them)& Living with us ,she is original mother of my father. There is some property in rajasthan , which is registered with my father's Name & received the same from my father's Both the parent's (i.e. Adopter Parents & Original Parents). in short transferred from Adopter & Birth Parent's to my Father's name.
1.Can my father get rights in both Parent's assets or property?
2.Can we use or sale the property of Both parent's?
Please advise us , we will be very thankful to you.
Thankyou Verymuch.
Guest
(Expert) 11 May 2017
As per your statement your father has got all the Rights.Better show all the documents to a Local Good Advocate and obtain a Legal opinion.
Kumar Doab
(Expert) 11 May 2017
It is believed that all, involved, are Hindu and adoption was valid.
Confirm!
Kumar Doab
(Expert) 11 May 2017
For sake of convenience let us call Him: F: (your father that was adopted).
Hindu Adoption and Maintenance Act 1956
Section 12 : an adopted child is deemed to be a natural child of his adopted parents for all purposes. All relations with the natural parents and family are severed and new relationships with the adopted parents are established. …………………………………the adopted child is not divested of his property that has vested in him before adoption and that an adopted child cannot divest anybody of his vested property after adoption.
Section 10: The child must be less than 15 yrs of age. However, if a custom to the contrary exists, such an adoption may take place.
Section 13 : that subject to any ante-adoption agreement, the adoptive parents do not lose their right of alienation of their property after adoption.
Section 15: a valid adoption cannot be canceled either by the adoptive father or mother. Neither can the adopted child renounce the adoptive parents and go back to the family of his birth.
Kumar Doab
(Expert) 11 May 2017
Thus F is owner of a property that is vested in him before adoption.
After valid adoption F has got rights in adoptive parent’s estate/property, like natural son, per personal law and succession law, that applies.
Kumar Doab
(Expert) 11 May 2017
In addition to it the owner of a property/estate can dispose it in his/her life time, in anyone’s (within family or even outside family) favor by a valid/registered deed.
Both biological, adoptive parents can dispose their self earned/acquired….. estate/property owned by them in anyone’s favor including biological, adopted son (respectively) i.e. F, by a valid/registered deed.
The property whose title is in F’s name can be disposed by F, in his life time by a valid/registered deed.
Is F alive?
Rajendra K Goyal
(Expert) 11 May 2017
You say that the property is registered in the name of your father.
Registered through which document? Whether it is sale deed / gift deed or some other document which is registered?
Nature of document need to be referred, discuss with local lawyer.
Kumar Doab
(Expert) 11 May 2017
Agreeing with Mr. Rajendra K Goyal.
Reply to the points raised.
Sudhir Kumar, Advocate
(Expert) 12 May 2017
refer your other thread at
http://www.lawyersclubindia.com/experts/Adoption-rights-640976.asp
The problem seems that your father wants to enjoy wealth of both families which he cannot.
Kumar Doab
(Expert) 12 May 2017
Reply to the points raised.
The deeds involved might be of right kind in case of F.
Guest
(Expert) 13 May 2017
Agree with Experts
Kumar Doab
(Expert) 13 May 2017
It is good to see statement of agreement with experts.
Guest
(Expert) 14 May 2017
Appreciation is always Welcome
Kumar Doab
(Expert) 14 May 2017
Reply to the points raised.
Kumar Doab
(Expert) 14 May 2017
Good to see expression of appreciation for experts.
Guest
(Expert) 15 May 2017
Appreciation is always Welcome
Kumar Doab
(Expert) 15 May 2017
Nice to see expression of appreciation for experts.
