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Adopted childs property right Adopted childs property right

10 months ago

Property gained by adoption is considered as ancestral property?
Mr.Irappa is adopted to Desai family, and now the daughter can claim father's property,gained upon adoption?

Legal Counsel Vidhikarya

Responded 10 months ago

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A.Dear Client,
An ancestral property is a property acquired by one's great-grandfather which has been passed down from generation to generation (from grandfather to father) up to the present generation without being divided or partitioned by your family. Inherited property and ancestral property are two different concepts in Indian property law. Inherited property refers to property that is passed down from one generation to another through a will or by law. Ancestral property refers to property that has been passed down for several generations and is jointly owned by a group of people. Adopted children have the same inheritance rights as the biological children and are entitled to a share in their adoptive parents’ property. So if the adoptive parent passes away intestate, the adopted child can claim the same share of property as the biological child.
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Anik

Responded 10 months ago

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A.Dear client,
Yes, the property that an adopted child gets is considered as ancestral property.
An adopted child can stake claim on their adoptive parents’ property. The child is entitled to inherit from his adoptive father and other lineal descendants, such as a biological heir.At the same time, the adoptive father and his relations, too, are entitled to inherit from the adopted son.However, according to the Hindu Adoptions and Maintenance Act, 1956, after adoption, the adopted children lose all their rights in their biological family
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