Property share
2 years ago
My mother and father divorced when i was in 1st grade and my custody was given to my mother after tht my mother got married to sumone else and father also . I was kept to my maternal grand mother's place till 7th grade and after tht my mother took me to her house and my step father adopted me and changed my name removing my father's name and added his name after me legally. I was in 8th grade and its what my mother wanted but i didnt. My bilogical father never contacted me after my name was changed and neither paid me monthly money. Now that m 22 years old can i ask him my share of property . If not in his earned but atleast in ancestral? Is it my right to ask him my share bcz m his biological daughter who he abandon ?
Ayantika Mondal @ Prime Legal
Responded 2 years ago
In your case, the self acquired property of your biological father may be disposed of only as per his wish. Also u/S 12 of the Hindu Adoption & Maintenance Act, as an adopted child you have persisting right to claim interest in the property of your biological father however along with that would come the need to maintain your biological father's family as well.
If you find my answer helpful then kindly rate me.
An adopted child can still be considered during the division of property of his biological parents but it would come with the effect that you would be endowed with responsibilities to take care of your biological parents as well. This is as mentioned u/S 12 of the Hindu Adoption and Maintenance Act.
If you find my answer helpful then kindly rate me.
Section 12 in The Hindu Adoptions and Maintenance Act, 1956
12 Effects of adoption. —An adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of the adoption and from such date all the ties of the child in the family of his or her birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family: Provided that—
(a) the child cannot marry any person whom he or she could not have married if he or she had continued in the family of his or her birth;
(b) any property which vested in the adopted child before the adoption shall continue to vest in such person subject to the obligations, if any, attaching to the ownership of such property, including the obligation to maintain relatives in the family of his or her birth;
(c) the adopted child shall not divest any person of any estate which vested in him or her before the adoption.
You cannot claim any share in the ancestral properties of your biological father.
Property dispute
father sold my share of ancestral property
Gujarat 7-12 Document Name Change Possible Old Name to New Name
property issue
Property
