• Right of adapted son over property of biological father

My father has two sons.I am elder son.My younger brother was adopted to my father's brother forty years ago.In future,Can my brother claim right over my father's assets and properties?What law says regarding this?Can he file case over my father's property in court of law?Can my father register WILL deed giving share in his property to my younger brother who was adopted to my uncle long back?What law says regarding this?
Asked 4 years ago in Property Law
Religion: Hindu

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10 Answers

Father can execute will bequeathing property to younger son given in adoption 

 

2) however if your father dies intestate younger son given in adoption would have no share in biological father property 

 

 

Ajay Sethi
Advocate, Mumbai
97480 Answers
7880 Consultations

Son adopted by uncle will not have share in the property of your father. As you cannot have share in the property of your uncle, he cannot have share in the property of your father.

Ravi Shinde
Advocate, Hyderabad
4393 Answers
42 Consultations

As a right, the adopted son can claim any rights over his adopted parents alone and he or she cannot claim any share in the properties of the biological parents as a right.

He is not entitled to any share in his biological father's property either now or after his lifetime.

However if the biological father wants to transfer his own and absolute property to his son given away in adoption by a gift deed, he cannot be prevented from doing so, it is his own will and wish to transfer his property to anyone of his choice. 

His authority cannot be questioned by anyone. 

T Kalaiselvan
Advocate, Vellore
87682 Answers
2354 Consultations

The son who was adopted by another family no longer belongs to your family legally. He has no right over anything. It is as if he was born in taht family. All ties were severed once he was given in adoption.

Although your father may will his property to him.

Rahul Mishra
Advocate, Lucknow
14107 Answers
65 Consultations

If the adoption process was done according to law and you brother keeps father's name as your uncle in all the legal documents then he will not get any share in your father's property.

Ganesh Kadam
Advocate, Pune
12997 Answers
264 Consultations

If the adoption is valid and is not set aside by the court of law then the adopted son has not right over the property of his biological parents.

 

Devajyoti Barman
Advocate, Kolkata
23326 Answers
522 Consultations

Dear Querist

if there is any registered adoption Deed by which your brother adopted by your uncle then he can not claim any share in the property of his biological father or his family members but if there is no registered adoption deed regarding the same then there is no valid adoption and he can claim his share in the property of his biological father too.

(until and unless there is a custom in your family regarding the adoption by rituals only)

 

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Nadeem Qureshi
Advocate, New Delhi
6319 Answers
302 Consultations

Dear Sir,

1) Your father has right to will his self acquired property in any manner he wants and to anyone, thus he can through will deed give his property to the younger brother.

2) Once a person is legally adopted by another family, they loose the right to the property of their biological father, thus your younger brother who was adopted by uncle,  cannot claim your fathers property.

3) Even if your father passes away without will, the adopted brother will not have any right over your fathers property. Nor can he file suit for the same.

Thank you

Anik Miu
Advocate, Bangalore
10376 Answers
121 Consultations

Hi

1) Under 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 father or relations, or any stake in the coparcenary property.

2) So, technically, your biological younger brother cannot claim any rights over your father(biological father) properties or any other ancestral properties. 

3) However, your father can execute a Registered WILL in favour of your biological brother. 

Hope this information is useful 

 

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

if its your fathers self acquired property and he willed the same to you then he cant have a right in the same. only if your father dies without will then he will have equal share in the same. If the adopted child has taken share in his biological parents property he cant gain take the same in your fathers property.

Prashant Nayak
Advocate, Mumbai
32849 Answers
209 Consultations

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