Adoption

Querist : Anonymous (Querist) 22 October 2017 This query is : Resolved
sir suit was decreed according to sec12(b) of Hindu Adoptions and Maintenance Act, 1956 which mandated that property which vested in the adopted child before adoption shall continue to vest in such person subject to the obligations, if any, attaching to the ownership of such property, including the obligation to maintain relatives in the family of his or her birth was considered while agreeing that the property vests in a coparcener by birth and hence he gets a vested right in that property by virtue of his inheritance.
It is clearly mentioned that BEFORE ADOPTION but my father got property in 19 under 38E after giving his second son in adoption in 1942..In municipal record my name was continued from 1970-1984.the adopted son illegally entered his name with his natural father surname in municipal records with out any notice to me .The sec12(b) of Hindu Adoptions and Maintenance Act, 1956 saying before adoption by father got property after giving his seond son in adoption. ..whether the judgment is correct r not can i go for apeel..

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Rajendra K Goyal (Expert) 22 October 2017
No advice from me to an author who is anonymous.

You can post the query in fresh thread with your identity and material facts.

Sudhir Kumar, Advocate (Expert) 23 October 2017
anonymous and has not been able to covey facts worth understanding in one reading.

Ms.Usha Kapoor (Expert) 23 October 2017
Adopted son wouldn't lose his rights to his biological parents property by virtue of his adoption and would continue to enjoy same rights to his his biological parents property subject to same obligations as their natural son HAD ADOPTION NOT TAKEN PLACE AT ALL.HENCE THE ADOPTED SON WOULD GET RIGHTS TO HIS BIOLOGICAL PARENTS' PROPERTY AND HIS OTHER BROTHER HAS NO RIGHT TO QUESTION HIS ADOPTED BROTHER'S PROPERTY RIGHTS IN HIS BIOLOGICAL PARENTS PROPERTY. TRIAL COURT judgment IS CORRECT ACCORDING TO WHICH ADOPTED/BIOLOGICAL SON GETS A VESTED RIGHT IN BIOLOGICAL PARENTS PROPERTY BY VIRTUE OF INHERITANCE

Ms.Usha Kapoor (Expert) 23 October 2017
If you appreciate the answer please give me likes.

Sudhir Kumar, Advocate (Expert) 23 October 2017
After lawful adoption one ceases to be part of natural family and has no rights on the assets of that family