Does adopted son have any rights on biological parents property.
5 months ago
Hello sir does adoption have any rights on the biological parents property? As the adopted son got all the properties from the adopted parents and distributed to his two daughters and now he is claiming the properties from biological parents. As he has no adopted deed documents, he claiming biological parents property.
A.Dear Sir,
If legally adopted then such child has only legal rights over the properties of adopted parents and he lose all rights over the properties of biological parents.
If legally adopted then such child has only legal rights over the properties of adopted parents and he lose all rights over the properties of biological parents.
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A.Dear Client,
According to the law, if a Hindu man dies intestate (without a will) his property can be inherited by Class-I heirs. The term “son” is not defined by the Hindu Succession Act 1956 and, therefore, for all purposes, an adopted son is also as much a legal heir as a biological son (Class-I). However, according to the Hindu Adoptions and Maintenance Act, 1956, after adoption, the adopted children lose all their rights in their biological family, including the right to claim any share in the estate of the biological parents or relations or any stake in the coparcenary property. But, biological parents can give their property to their child who has been adopted by another as a gift or through a will. But, in your case, in the absence of an Order passed under section 61 of the Act, and regulations 51 to 56 by a competent Court like the Family Court or District Court or City Civil Court, as the case may be, you can not be considered as adopted son of your adopted parents, Accordingly, your claim as biological son and class - I heir still exist and in force to inherit the property of biological parents. Reach out to an Advocate for guidance and steps.
According to the law, if a Hindu man dies intestate (without a will) his property can be inherited by Class-I heirs. The term “son” is not defined by the Hindu Succession Act 1956 and, therefore, for all purposes, an adopted son is also as much a legal heir as a biological son (Class-I). However, according to the Hindu Adoptions and Maintenance Act, 1956, after adoption, the adopted children lose all their rights in their biological family, including the right to claim any share in the estate of the biological parents or relations or any stake in the coparcenary property. But, biological parents can give their property to their child who has been adopted by another as a gift or through a will. But, in your case, in the absence of an Order passed under section 61 of the Act, and regulations 51 to 56 by a competent Court like the Family Court or District Court or City Civil Court, as the case may be, you can not be considered as adopted son of your adopted parents, Accordingly, your claim as biological son and class - I heir still exist and in force to inherit the property of biological parents. Reach out to an Advocate for guidance and steps.
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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.
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.
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