Rights of adoptive child
Naresh
(Querist) 18 September 2017
This query is : Resolved
Hi, My wife's parents adopted my son through a registered adoption deed in 2010. they have 3 daughters including my wife. Now adopted father passed away in 2015 n adopted child has done all the karma for him. adopted mother is now not willing to maintain adopted son but willing to give him equal share in properties (which were self acquired by adoptive father and has not written any will) along with 3 daughters. adopted son is a minor child of 14 years old.
1. Can i as a biological father, go legally for maintenance of my son as she is getting pension of Rs. 28000/- per month as her husband was a government employee irrespective of properties distribution?
2. Can the adopted child get only equal share with other 3 daughters or any thing more.
Adv Shailendra Deshpande
(Expert) 19 September 2017
Point 1: - After legally valid adoption, the maintenance of adoptive child shall be borne only by adoptive family. The adoptive child gets rights as natural son/daughter. Biological father/parents does not have any further rights on such child unless it is life threatening situation. Contact learned council to file case on behalf of child. Personally I doubt whether maintenance is granted being biological father, but it can be granted unless you are proved as care taker and well wisher of such child.
Point 2: - Yes. adoptive child has equal share with all natural borne children in property. Since you FIL has died intestate and even though it is self acquired property, the property shall devolve according section. 8 of Hindu Succession Act.
Guest
(Expert) 19 September 2017
Purely academic query.
Even if it is a real life issue, money seems to be much more important for the author of the query, rather than relations, while his son can get maintenance at the most for 4 years..
Guest
(Expert) 19 September 2017
Mr. Jigyasu's observation is quite valid
Further, as rightly pointed out by Mr. Shailendra M Deshpandey, in what capacity can you claim maintenance charges on behalf of their adoptive son,, while your legal relations, as father-son are totally severed?
Guest
(Expert) 19 September 2017
Both the experts are right in their points to ponder for you.
Kumar Doab
(Expert) 19 September 2017
It is not academic query.
Anyone can post any query.
Kumar Doab
(Expert) 19 September 2017
Agreeing, with Mr. Shailendra M. Deshpande.
The lady (adoptive mother) that has agreed to give the due share in property/estate, in response to your demands may agree to raise the adopted son like other children for another few years……………within her means.
She may agree to pay the caretaker/maid of the minor child.
Kumar Doab
(Expert) 19 September 2017
Why she does want to raise minor adopted child, as per your post, in her home!
Guest
(Expert) 19 September 2017
With reference to his quaite a vague post, can Mr. Kumar Doab compel the lady to raise the adoptive son for more years? If not at least he could have suggested the legal way out for the querist, how to make ready the lady to raise the adoptive son.
