regarding to property matter.
Badruddin khan
(Querist) 02 September 2015
This query is : Resolved
Can adopted son claim to obtain ancestral property from his original father i.e. jank pita. Plz give any citation regarding this matter.
Kumar Doab
(Expert) 02 September 2015
It is believed that you are referring to Hindu Adoption.
If there is ancestral property…………………… inherited from fore fathers and is jointly held without partition, by all the members of the family then by virtue of Right by Birth the adopted son may succeed to claim share in ancestral property of natural/biological father i.e. janak pita .
Badruddin khan
(Querist) 02 September 2015
In this regarding, I can obtain any citation. Favour or disfavour because my opinion that adopted son no right to take his share in ancestral property of netural father as per hindu law but i have no citation so pls help available any citationcitation.
Badruddin khan
(Querist) 03 September 2015
I have made serch but not got sufficient citation
alexander
(Expert) 03 September 2015
HINDU ADOPTION AND MAINTENANCE ACT 1956 may be of some help to you An adopted child has all the rights as a natural biological child and that too with effect the date of death of his "father" if the adoption was made by the widow several years after the demise of her husband
Guest
(Expert) 03 September 2015
Dear Alexander,
You may please like to review your answer, "HINDU ADOPTION AND MAINTENANCE ACT 1956 may be of some help to you An adopted child has all the rights as a natural biological child and that too with effect the date of death of his "father" if the adoption was made by the widow several years after the demise of her husband."
The querist is referring to his Janak pita (original biological father), not about the property of his adoptive father.
Moreover, the querist is muslim, as his name "Badruddin Khan" reveals. So, would the Hindu Adoption & Maintenance Act be helpful to him, as you suggested?
alexander
(Expert) 03 September 2015
@ Mr DHINGRA
yes sir you are absolutely right. i was possibly misled by " Jank PITA" I didn't know what "Jank " was but Pita being hindi version of ABBA / Vaalid i thought that the querist was working on behalf of a hindu client..
In view of the above my comment is "non est"
Guest
(Expert) 03 September 2015
Mr. Badruddin,
Evidently, your query is purely of an academic interest on account of the following reasons:
1) You have not made any description about the real problem in your original post/ quesry, if you really face;
2) Referring to your subsequent post, "In this regarding, I can obtain any citation. Favour or disfavour because my opinion that adopted son no right to take his share in ancestral property of netural father as per hindu law but i have no citation so pls help available any citationcitation," being a Muslim, you have referred to HINDU LAW, whereas your case does not fall within the purview of Hindu Laws;
3) You have not mentioned the purpose of asking for the citations, when you are not a lawyer and also your case is not supposed to be in the court of law.
As such, your academic query does not deserve any response.
Guest
(Expert) 03 September 2015
Dear Alexander,
Thanks for your review and acknowledgment.
However, irrespective of the querist being a Hindu or Muslim, his query is purely of an academic interest, as I have already explained. So, according to me, the query does not deserve any response, not being pertained to any of his personal problem.
Rajendra K Goyal
(Expert) 03 September 2015
Academic query.
Citation not provided.
Kumar Doab
(Expert) 03 September 2015
Agreed with experts. The query does not graduate to any need for any citation.
Although the querist has clarified in his second post that he is referring to Hindu Adoption Law.............."Favour or disfavour because my opinion that adopted son no right to take his share in ancestral property of netural father as per hindu law".
It is felt that:
---As already posted.........."If there is ancestral property…………………… inherited from fore fathers and is jointly held without partition, by all the members of the family then by virtue of Right by Birth the adopted son may succeed to claim share in ancestral property of natural/biological father i.e. janak pita .'
---If any property was vested (before the date of adoption) in the adopted child:: son or daughter he/she will continue to have the right even after adoption.
The querist may consult an able counsel dealing in family/civil matters.
alexander
(Expert) 03 September 2015
@ Shri Dhingra ji
You have taken the right action. I fully agree with you
Thanks and regards
Guest
(Expert) 03 September 2015
You are welcome Mr. Alexander.
Badruddin khan
(Querist) 04 September 2015
Respected sir, actually i forgot to disclose that i m an advocate. I have got a case inwhich adopted son is dimanding his share from natural father/biological fatherfather's ancestral property as per hindu lawlaw. My question is that adopted son hold right in ancestral property of natural father or not
Kumar Doab
(Expert) 05 September 2015
One view has already been shared.
Hindu Adoptions and Maintenance Act, 1956;Sec12: …………………………….(b) any property which vested in the adopted child be before the adoption shall continue to vest in such person subject to the obligations…………………………….
Here it is property or share in Hindu ancestral property
You may consult with an able senior counsel at your location specializing in family/civil matters.
