Sir, my wife is adopted by my mother-in-law , and in year 2014 she expired suffering from throat cancer, she is having property of 400 sqyards site and two single BHK homes, after her death can my wife who is adopted daughter can claim the porperty , if so please provide us the procedure. as my is orphan before adoption and she is facing problem with her mother's relatives. so please help us
1. After valid adoption the adopted child alone is considered to be lawful heir of the adopted parents.
Once adoption is validly made the child's right over her biological parents relinquishes and he is entitled to all legal rights from her adoptive parents only.
So in other words in this case on death of your MIL your wife alone is her legal heir along with her father or siblings, if any and hence entitled to succession like a biological child.
Sir, my wife is adopted by my mother-in-law , and in year 2014 my mother -in-law expired suffering from throat cancer, she is having property of 400 sqyards site and two single BHK homes, after her death can my wife who is adopted daughter can claim the porperty , if so please provide us the procedure. as my is orphan before adoption and she is facing problem with her mother's relatives. so please help us
since adopted mother died intestate your wife can apply for and obtain Letters of administration for her property
2)notice would be issued to all legal heirs . if no objection i s received LA would be issued in her name
3) if objections are received then it would be converted into testamentary suit
I have already advised. Your wife will inherit her adoptive mother's proeprty. There is no legal hurdle. Only thing is the adoption was to be shown as validly done.
Hi
1) In general there will be an adoption deed for adoptions and the same may be used for claiming family member certificate by your wife.
2) If there is no adoption deed, then you can use your wife's school records( xth, xii etc where name of adopted parents are generally mentioned) as proof of adoption.
3) Even your marriage invitation card (wherein the names of adopted parents are published) can be used as valid proof of adoption in absence of adoption deed.
4) You should file for letters of administration of the properties(400 square yards , 2 single BHK Homes) in the court and obtain letter of administration.
5) In general prior to issue of letter of administration courts will implead other legal heirs (your mother in law's relatives) as opposite parties and if they have any objection, they can submit the same in court.
6) Legally your wife is entitled to succeed to all of the properties of her adoptive mother. (assuming she is the only child).
Hope this information is useful.
Your right of inheritance is same as that of a natural son or daughter.
If you're mother has died intestate, i.e., without drawing a will, by operation of law his property devolves on you as you're on of the class-I mutual heirs under s. 8 of the Hindu Succession..
If there's no other class-I heir, you're entitled to inherit this property fully.
Obtain a Succession certificate in your favor, and get this property mutated in your name.
1. Under Hindu Law an adoption is a complete severance of the adopted child from his biological parents and transplantation of him in the family of adopted parents. The adopted child is placed at par with the biological child of the adoptive parents for all practical reasons. Thus, rights of an adopted child are same as that of the natural child of the adoptive parents. Your wife has succeeded to the properties of her adoptive mother.
2. If the relatives of her mother are not allowing her to remain in possession of or enjoy the properties of her adoptive mother then your mother may file a suit for permanent injunction against them in the competent civil court.
Hello,
Your wife can inherit the property of her mother subject to the condition that the adoption was legal and she has all the documents with regards to the same.
She will have to procure a letter of administration and notice will be issued to other legal heirs and if their is no objection then property will be transferred to your wife's name.
The opinion has been given on the limited facts subject to the condition that the MIL died without a will.
Regards
If your wife was legally adopted by a registered adoption deed, then the adoption is legally valid.
If there is a legally valid adoption then she is the legal heir or successor in interest to your mother in law and have full rights in her property.
No body has any rights to object your wife to acquire the property that belonged to her adoptive mother.
