Dear Intellectuals , My Father MR krishna of age 59 was adopted by his grandfather (Biological mothers's father) at the age of 14 in year 1972, And adoption was registered as per Hindu law in Andhra Pradesh. But my Fathers's Biological father does have two more male Kids and two female (My fathers brothers/sisters in other words). Since my father is a adopted son does he have a legal stand to fight for a claim on Ancestral property ? Please guide me in this regards , Do we stand a chance to contest in reputable court of India. regards Maruthi
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Your father was legally adopted by his grand father
2) giving and taking ceremony was performed and deed of adoption executed
3) after adoption your father would inherit his adopted father proeprty
4)According to Hindu Adoptions and Maintenance Act, 1956, after adoption, the adopted son/daughter lose all the rights of a son/daughter in their biological family, including the right to claim any share in the estate of the biological father or relations, or any stake in the coparcenary property.
You are entitled to get share in ancestral property because according to Hindu personal law adopted son has equal right and duties as like the biological son. You should file a civil suit in proper Court for partition of ancestral property among the coparceners. You are also coparcener in terms of ancestral property therefore your suit is maintainable and you will get appropriate share in ancestral property.
Since the adoption was made at a time when he had two others son alive, the adoption was not legally permissible.
In that context the adoption deed was invalid and your father loses any right over it.
So he is not entitled to any inheritance from his maternal side and he will remain eligible for inheritance from his paternal side.
Hi Learned Advocates , Clarification , My father was adopted by/to his grandfather at the age of 14 (who happens to be a father to dad's mother) , Because he did not have any male successors he choose to Adopt my father (his second daughter second second/middle son ) . Whereas by fathers real/biological father has other 2 male and 2 female kids . For what ever happened in past do we really get/entitled to ask/claim the share on property owned by his biological father ,
you cannot claim any share in property owned by your biological father
According to the law of Hindu adoption and maintenance act a person adopted has no right to claim his share in Assets of biological father. The adopted child shall be treated has a real child of adoptive father therefore he has all the rights and liability as a real son in the Assets of adoptive father.
As per the Hindu law you do not have any right in the property of your biological father once you have been formally and legally adopted by some other person.
Regards
After adoption, the adopted son has no share in biological parents property.
Your adopted father can claim share only in his adoptive parents property.
However, if the ancestral property which you're talking about is still in the name of the great grandfather of your father's biological father, and the same has not been conveyed to anyone else, then in such ancestral property, he can claim a share .
1. Adopted son has no legal claim on the self acquired as well as ancestral properties of his biological father.
2. After adoption is over your father will inherit the properties of his adopted father.
1. No. As explained in my earlier post, adopted son can not claim share of property of his biological father.
2. He is entitled to inherit the properties of his adopted father as per law.
According to Hindu Adoptions and Maintenance Act, 1956, after adoption, the adopted son/daughter lose all the rights of a son/daughter in their biological family, including the right to claim any share in the estate of the biological father or relations, or any stake in the coparcenary property.
The child is entitled to inherit from his adoptive father and other lineal descendants, like a biological heir.
Thus, it can be inferred that for all intents and purposes, the adopted child is treated like a biological child into the family into which he/she has been adopted and is considered the descendant of the family.
Whereas by fathers real/biological father has other 2 male and 2 female kids . For what ever happened in past do we really get/entitled to ask/claim the share on property owned by his biological father ,
The position of law is very clear that as your father himself is not entitled to any share of property out of the property belonging to his biological parents, there is no question of his heirs or descendants making any claim for the same