A.
Dear Client,
Generally, under the Hindu Adoption and Maintenance Act, 1956, an adopted child is considered the child of the adoptive parents and has no rights on the property of the biological parents, unless there is a specific agreement or arrangement in place to the contrary. If the adopted son wishes to claim property from his biological parents, he would need to provide evidence, such as a legal document or an agreement, if any, that outlines the terms of the adoption and any associated property rights. Without such evidence, the claim may be difficult to substantiate.
Once a child is adopted, he/she is no longer the legal heir to the original property and loses all rights of a coparcener, there by acquiring the property rights of the adopting parents. Nevertheless, if the biological parents before their death leave a will voluntarily transferring property to their biological child, a child may be entitled to this property depending upon the personal relations and facts of the case..
A Full Bench of the Telangana High Court ruled that a child upon adoption ceases to be a coparcener of his or her birth family and consequently gives up any right or interest in the family ancestral property. In a significant judgement, the Bombay high court also held that a child given away in adoption cannot claim any right in the property of his biological father.
Posted On 04-Nov-2023
Share on
×