Foster son's rights over the ancestral proeprty of fostering father
shyam lal sharma
(Querist) 22 October 2016
This query is : Resolved
Good Morning Learned Advocates...
Please give me the difference between Adopted Son and Foster Son's rights and liabilities over the ancestral property.
Can a "Foster Son" claim the ancestral property of his late foster father?
Please give referance of case law or Act...
Thanks in advance
Guest
(Expert) 22 October 2016
Mr. Shyam Lal Sharma,
Yours is purely an academic query in the absence of any case history!
As you have asked for "referance of case law or Act," can't you as a legal advisor find case law or Act?
Rajendra K Goyal
(Expert) 22 October 2016
Academic query, state material facts of the problem if any.
How are you concerned with the query.
looks like examination question.
shyam lal sharma
(Querist) 22 October 2016
With due respect to Mr.Dhingraji and Goyalji... its not Academic query, we have purchased some proeprty from the LR's of Mr.A except from Mr.A's foster son (In Kannada Sakumaga)and now the foster son is not leting us to enter into proeprty which is in the name of his foster son. and the siad foster son also inherited his natural father property.
Kindly solve my query....
Kumar Doab
(Expert) 22 October 2016
You have posted that:
>>> "now the foster son is not leting us to enter into proeprty which is in the name of his foster son."
If he has acquired a property by a valid means/deed or by a right and if he is legitimate owner then he can.
Did you obtain proper legal opinion before buying? Did you check the mutation record with link docs?
>>> "and the siad foster son also inherited his natural father property."
What is your objection on it and why?
Foster son may not necessarily be adopted and/or given away by a valid adoption, but still might have received property from fostering parents(s) { Guardians) by a valid deed.
Guest
(Expert) 22 October 2016
Mr. Shyam Lal,
You have not replied my query, "As you have asked for "referance of case law or Act," can't you as a legal advisor find case law or Act?"
Ms.Usha Kapoor
(Expert) 23 October 2016
Adopted son has same rights to inherit his faster parents/Adopted Parents property as is with Biological parents property,. That means Adopted son has same rights to adopted parents property and biological PARENTS PROPERTY. Adoption do not take away the adopted boy or girl's right to his or her biological parents property.If you wish to thank me for this answer please click the thank you button on my profile.
Kumar Doab
(Expert) 23 October 2016
The querist has posted query on Foster Son Vs Adopted Son.
Apparently Indian laws are on Adoption.
Foster Parents may be= Guardians.
Kumar Doab
(Expert) 23 October 2016
The author has posted that:
"Can a "Foster Son" claim the ancestral property of his late foster father?..............the foster son is not leting us to enter into proeprty which is in the name of his foster son. and the siad foster son also inherited his natural father property."
Foster son may not necessarily be adopted and/or given away by a valid adoption, but still might have received property from fostering parents(s) { Guardians) by a valid deed.
Kumar Doab
(Expert) 23 October 2016
One example on Foster son that has in media in Ms. Jayalalithaa's foster son, Sudhakaran ...
Kumar Doab
(Expert) 23 October 2016
The query doe not graduate to any need of any citation.
Rajendra K Goyal
(Expert) 23 October 2016
citation / Judgment / reference cases / ruling / decided cases not provided / supplied in this section.
Kumar Doab
(Expert) 23 October 2016
Another query in other from for Adopted Son, instead of Foster Son at:
http://www.lawyersclubindia.com/experts/Property-rights-of-a-Hindu-Child-in-Adoption-620451.asp
Kumar Doab
(Expert) 23 October 2016
It seems that author has been buying/into property deals of property(ies) that have one or more issues.
Such property(ies) are usually available at low/reduced/nominal/throwaway prices.
Still, since funds are involved, you may retain a very able counsel specializing in such matters to defend your interest and consult well in advance.
Kumar Doab
(Expert) 23 October 2016
It seems that author is himself a practicing lawyer.
http://www.lawyersclubindia.com/experts/Property-rights-of-a-Hindu-Child-in-Adoption-620451.asp
http://www.lawyersclubindia.com/experts/Foster-son-s-rights-over-the-ancestral-proeprty-of-fostering-father-620736.asp
http://www.lawyersclubindia.com/experts/GPA-598581.asp
http://www.lawyersclubindia.com/experts/Women-Share-in-disposed-off-property-499091.asp
http://www.lawyersclubindia.com/experts/divorced-women-right-over-the-property-493276.asp
http://www.lawyersclubindia.com/experts/trespassed-over-my-property-478256.asp
http://www.lawyersclubindia.com/experts/Property-illegally-encorched--463526.asp
http://www.lawyersclubindia.com/experts/Regarding-loan-on-property-434456.asp
http://www.lawyersclubindia.com/experts/Enrolment-426086.asp
http://www.lawyersclubindia.com/experts/Joint-Family-property-or-not-419531.asp
Rajendra K Goyal
(Expert) 24 October 2016
He should avail services of a professional.
