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Nilesh Parakh (Proprietor)     17 December 2012

Adopted child right

Dear Sir/Mam,

Plz ref below case.

One lady wzs having 3 girl children. 

On death of her husband, they devided property in 4 parts. one for herself & other 3 for her girl children. 

Afterwords she adopted one male child. In adoption deed it was stated that, to avoid future conflicts property is already divided in parts & girl chidrens were given there parts property. Now with 4th partof property that lady is adopting the son. 

Now upon death of that lady, other 3 girl childrens are claiming the right in property stating that. 

the property is of their mother & they have right to participate in property of mother as well as father. 

Whereas adopted son is claiming that, girls already got thier share of property & now the remaining property is of his. (which is more logical & reasonable)

Plz suggest how adopted son can claim the property. 

It will also more helpful if I get any case laws on the same. 

Expecting early reply. 



Learning

 6 Replies

Anish Thakur 7018812737 (advocate)     17 December 2012

if the child is legally adopted he had even right opver all the property as a c o sharer and i should advise him to make application for partition of the property even which is in posession of the gals child, and if he is not a adopted child i mean legally adopted and mother had not written any will in his favour the mothers share will divide among all children including the legally adopted son.feel free to call if any doubt is left.

Nilesh Parakh (Proprietor)     17 December 2012

Dear Sir, Thanks for reply.

More query that, in given case Partition of deceased father's property is made & then mother (that lady) adotped a son for her share of property (which is written in adotion deed). But that lady has not made any will.

Now after the death of  that lady

1) can her girl childrens can demand the share in that 4th part?

2) Whether adopted son can demand repartition of the property?

Anish Thakur 7018812737 (advocate)     17 December 2012

if thelady had written in the adoption deed that she had exclusively adopted child only for her property in that case-

1.girls can not demand actually its wholly depending upon the what is written in the adoption deed,as its a technical law confliction matter.

2.boy can not demand of partition in this case.

and vice versa.

Chetan Joshi (Advisory/Advocacy)     18 December 2012

An Adopted child is no less than a natural born child....The boy will have all rights of a natural child....

 

 

 

Regards

 

Chetan(dot)7679(at)gmail(dot)com

Ajay kumar singh (Advocate)     18 December 2012

The sisters had become absolute owners of the properties allotted to their shares and thereafter the son was adopted by their mother. The adopted son cannot claim partition of the sisters' property, rather the sisters are entitled to get 1/4th share each in the share allotted to mother. The son will get only 1/4 share in the share of the mother only. There cannot be reunion of sisters' share already allotted to them.

Shantilal Pandya ( Advocate)     18 December 2012

The girls children cannot be divested of the property which  is already vested in them before adoption, the woman (the mother )has 1/4th share, it  will be diveded equally among all the  three daughters and the adopted son ,


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