Adoption child
10 months ago
Dear Sir/madam,
My father has 2 elder brothers, 1 younger brother & 1 sister.1st elder brother get one Male child from the 2nd elder brother in 1 month like a stepchild(Valarpu magan), And he is 36 years old. he doesn't have an adoption agreement or any legal documents.
Only he has his name on the school certificate and Aahdar card 1st elder brother is the father's name. In the birth certificate, 2nd elder brother is the father's name.
Right now, My father 1 elder brother passed away in 1996.his stepson now stays with my father's 2nd elder brother and My father 1 elder brother's wife also passed away in 2021. we have our own family property of our Grandfather. Now, 1st Elder brother's stepchild asking for one separate equal share.
1. According to law, stepson will get a share in the grandfather's property?
2. During the presence of 1st elder brother's wife. she got already successor certificate (only one Successor is 1st elder brother's wife)
In such circumstances, the property will be distributed as per the law of inheritance. This is called intestate succession. Section 8 of the Hindu Succession Act, 1956, prescribes the general rule of succession in the case of a male. The expression ‘son and daughter’ include natural born as well as adopted. The property of a male Hindu dying intestate shall devolve according to the provisions of Chapter II of the Act:― firstly, upon the heirs, being the relatives as specified in class I of the Schedule; The expression “son” in Hindu Succession Act does not include stepson but It includes a legally adopted son.
The Hindu Succession Act 1956 does not define “Son”. Therefore, under normal circumstances an adopted child would be legally allowed to inherit the property of the adoptive parents as the case would have been if they had a biological kid. The act mentions that in case of death of a man without a will property will be transferred to Class 1 heirs, there by including adopted children.
However, it must be noted that
Yes, step brother or even ill-legitimate child is also entitled for a share. You may fight for the same and Court will decide ultimately.
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