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Impleadment of legal heirs

(Querist) 20 August 2017 This query is : Resolved 
Sir,
I am defendant in one of the case where my brother filed suit for Possession. He got expired recently and i don't have any information whether he was legally married or not as he severed his relations from our family long time back but we have information that he was just residing with the lady who has deserted her first husband and started living with my brother. now he has one daughter who is claimed that she is his daughter out of his wedlock and that daughter got married 3 years back and one child was born but his daughter after that has taken divorce from his husband and my brother who is grandparent of that child has adopted that child of his daughter by way of registered adoption deed and now after the expiry of my brother that adopted son and his daughter is moving an application to implead them as their legal heirs. Could we have any ground on which we can challenge that adoption deed??. Moreover we are not sure whether that daughter is also legal child of my brother or not ?? could you suggest some solution . Reply is awaited and thanks for your help
Kumar Doab (Expert) 21 August 2017
Which personal law applies in this case say; Hindu?
Kumar Doab (Expert) 21 August 2017
Apply your resources to find out what was occupation of said brother and did he marry/register marriage, record any marriage record and his family details say with employer?
Kumar Doab (Expert) 21 August 2017
Per matter posted by you, if said lady was already married and was not divorced by court of law then the said marriage with your brother was illegal and relation was illicit...............

However the child born from such marriage is although ill-legitimate is legal heir of your brother and has share in his self acquired property.

There are decisions by court of law that decide that such child has share in ancestral property also of biological father.


Kumar Doab (Expert) 21 August 2017
Adopted child has same rights as that of natural child...


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