G Rama Rao
2 years ago
My grand father (Hindu - resident of Andhra pradesh) died in 1956 intestate leaving two sons (my father and elder brother of my father). Grand father's elder son died in 1963 intestate with a surviving widow and no children. In 1965
i) my father(second son of grand father) and his elder brother's widow executed a partition deed (for ancestral joint house located in Andhra Pradesh) equally in two halves and 2) my younger brother aged 5 yrs was given in adoption to widow of my fathers elder brother (registered -1965) and she gifted her share of the property to the adopted son.(also registered in 1965)
Whether my younger brother adopted by the above in 1965 and living separately has any rights in the property belonging to his natural parents?
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.
Ayantika Mondal @ Prime Legal
Responded 2 years ago
Your mother and you alone would be the legal heirs of your father, whilst your younger brother would be the legal heir of his adoptive mother. A child who is given up for adoption has no claim to his birth parents' possessions. Your younger brother has no claim to your father's property if the adoption is valid.
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A child given away in adoption cannot claim any right in the property of his natural parents. If the adoption is valid then your younger brother has no right on your father’s property. The legal heir of your father would be your mother and you alone whereas the younger brother would be the legal heir of his adoptive mother.
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Shreyash Mohta
Responded 2 years ago
Thanks.
Adopted son has no rights over properties of biological father.
Madhulika Bhatnagar
Responded 2 years ago
According to the Hindu Adoption and Maintenance Act, once a person is adopted all his rights in the assets of his natural parents cease to exist.
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