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Reena Chudasama (Manager)     14 May 2012

Ancestral property

Hi,

I wanted to know the legality of an adopted son's (adopted after death of husband and against husband's family's wishes) right to husband's ancestral property after the widow has comitted suicide.

I would like to get in touch with an expert for this topic.

 

Thanks and regards

Reena

 



Learning

 5 Replies

adv. rajeev ( rajoo ) (practicing advocate)     14 May 2012

adopted son has got same right what natural son has.

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     14 May 2012

Dear Reena,

 

This is really a grey area when it comes to adoption law. Earlier a widow could adopt could not adopt in her own right but only to her husband, the child was deemed to have been adopted by husband before his death. The child automatically became member of deceased father's coparcenory. As regards permission to adopt by husband before death or his relatives is concerned there are divergent views some high courts have pressed it's need while some have ignored it - it would depend on where the case pertains to. This position is incompatible with present act of 1956, however still the Supreme Court has in 2-3 decisions allowed widow to adopt to her husband in the 1960s. Disclose exact facts alongwith your locus on this to discuss further on these complex issues. 

 

Regards,

Bharat

 

Reena Chudasama (Manager)     16 May 2012

Dear Sir,

Thanks for your reply. The case is too complicated to be written here, can i call you to explain. The case is in a lower court in Rajkot and I am based in Ahmedabad. Your advise will be most appreciated.

Thanks and Regards

Reena


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