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A N Umesh   22 August 2017

Adopted child rights

Sir, If a child adopted by yonger brother son by elder brother and then the adopted child has rights of his original father property who is a partner of a firm can claim the rights at any time.



Learning

 18 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     22 August 2017

According to Hindu Adoptions and Maintenance Act, 1956, after adoption, the adopted son/daughter lose all the rights of a son/daughter 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. The only exception where an adopted child is not entitled to the full rights of a biological child in the adoptive family were if he/she was adopted by a disqualified heir.

Kumar Doab (FIN)     22 August 2017

THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956

12. Effect of adoptions- 

(b) any property which vested in the adopted child before the adoption shall continue to vest in such person

https://tcw.nic.in/Acts/Hindu%20adoption%20and%20Maintenance%20Act.pdf

Kumar Doab (FIN)     22 August 2017

Did any property of natural/biological father vest in child given in adoption, before adoption?

Advocate Bhartesh goyal (advocate)     22 August 2017

Agree with expert Rama Chary Rachakonda.

(Guest)
Originally posted by : Kumar Doab
THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956

12. Effect of adoptions- 

(b) any property which vested in the adopted child before the adoption shall continue to vest in such person

https://tcw.nic.in/Acts/Hindu%20adoption%20and%20Maintenance%20Act.pdf

 

Quite surprised over the advice of the expert Mr. Kumar Doab!

It seems to be a case of reading between the lines, that becomes totally misleading for the querist. Mr. Kumar Doab seems to have forgot that the main provision of his quoted section very clearly states, "An adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of the adoption and from such date all the ties of the child in the family of his or her birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family. 

Even the quoted part of the section contains a conditional entitlement when the adopted child fulfills the obligation to maintain relatives in the family of his or her birth with further condition that the said adopted child would not divest any person of any estate which vested in him or her before the adoption.

Kumar Doab (FIN)     22 August 2017

Originally posted by : JIGYASU



Originally posted by : Kumar Doab



THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956

12. Effect of adoptions- 

(b) any property which vested in the adopted child before the adoption shall continue to vest in such person

https://tcw.nic.in/Acts/Hindu%20adoption%20and%20Maintenance%20Act.pdf





 

Quite surprised over the advice of the expert Mr. Kumar Doab!

It seems to be a case of reading between the lines, that becomes totally misleading for the querist. Mr. Kumar Doab seems to have forgot that the main provision of his quoted section very clearly states, "An adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of the adoption and from such date all the ties of the child in the family of his or her birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family. 

Even the quoted part of the section contains a conditional entitlement when the adopted child fulfills the obligation to maintain relatives in the family of his or her birth with further condition that the said adopted child would not divest any person of any estate which vested in him or her before the adoption.

 

IT=@PSD in any form or any ID (including the ones that have been blackened/blacklisted/shted out)

There is nothing misleading.

You are not to write an or any essay on anyone's comments and posts.

 

With this understanding you will stop at once and forever.


(Guest)

@ Kumar Doab,

In several threads you have been using "IT=@PSD." What does that mean? Can you please make me aware about "IT=@PSD" 

Please don't mind, I just want to learn something related to the jargons often used by the experts, like you.



 


(Guest)
Originally posted by : JIGYASU
@ Kumar Doab,

In several threads you have been using "IT=@PSD." What does that mean? Can you please make me aware about "IT=@PSD" 

Please don't mind, I just want to learn something related to the jargons often used by the experts, like you.

 

 

Mr. JIGYASU,

Do you think that you can learn from a person, Mr. Kumar Doab, who could not apply even commonsense in replying the query of the querist? Your hope can prove to be a mirage in the desert. When he himself does not know why he used "IT=@PSD" what he will tell you? Further, when a learner, like you, can point out his such a gravely misleading advice, it can be a matter of drowing with shame for Mr. Kumar Doab. But, see the extent of his shamelessness that he still does not agree that he has profusely tried to mislead the querist, when you have quoted the text from the relevant section of law!

In fact, neither he knows ABC of law, nor he knows what jargons, for what purposes and with what meaning he uses.

You will see, Mr. Kumar Doab, instead of explaining the term, "IT=@PSD" to you, would start abusing you also, like he used to do against me due his being a doubted terrorist or an unsound person.

Anyway, best of luck for you, if he explains the meaning of "IT=@PSD" and don't resort to abusing you!

 


(Guest)

Mr. Dhingra,

No doubt I have a great regard for you about your knowledge and I learn a lot from your posts, but please don't confuse me like that. I am not ready to get prejudiced about Mr. Kumar Doab, merely on your own assumptions, until he responds to my post.

 


(Guest)

@ JIGYASU,

OK, I have already sounded you. According to my belief, he is merely a terrorist and has been working clandestinely at the LCI with some of his ulterior motive and would never disclose, what is in his mind and why he intentionally mislead the members here..

Anyway, you can wait for his response and get taste of the abuses of a berserk person. I have already wished you for best of luck.

I once agains wish you for the best of luck..

 

A N Umesh   23 August 2017

Dear Sir,

Thanks for valuable answer to my quarry. Plz forgive me for taking your valuable time by answering to me. Thanks once again.

umesh.


(Guest)

You are welcome, Mr. Umesh.

 


(Guest)

Mr. Dhingra,

Thanks for more inputs. But still, I am not convinced with your contention. It is not understood, what are the grounds on which you have assumed about Mr. Kumar Doab to be a terrorist? I am still of the view that he has good qualities and his readiness to respond and demonstrate his skills with respect to the problems of querists.

 

 


(Guest)

Mr. Dhingra,

I feel somewhat surprised, as in another thread you seemed to have made some praise of Mr. Kumar Doab, as in the following link: https://www.lawyersclubindia.com/forum/details.asp?mod_id=153128&offset=3

But here you have expressed some very bad opinion about him and tried to declare him as a terrorist also. Why so?

 


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