KNK A Learner (Learning to share) 27 April 2012

Whose is the legal heir?

A married to B ( Women) from K Surname

No children to A and B

A&B Adopted S at the age of 7yrs from D Surname

S got married to B's brother's Daughter 'R' again from K Surname

S and R dont have children

A self-acquired property assume xyz, A has no brothers only sisters (Some sisters were already passed away) Property acquired before 1985 Amendment (AP)

Now A,B,S & R all passed away

What are the legal rights on properties for R's Brother and sisters

Thanks,

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3 Replies

Anish Thakur 7018812737 (advocate) 27 April 2012

this problem is a little tricky like trying to raise the issue of prohibited decree of marriage as S is marring daughter of her adoptive mothers brothers daughter R,but principle of prohibited decree doesnt apply to adoptive son and daughters.

AND the right over the property xyz will goes brothers and sisters of FATHER A and there heirs,no doubt R have right over that property and right is absolute but the property cant transfer to in laws side without any will and will distrubute in real blood i e brothers and sisters of tha adoptive father and among ther heirs.

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Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 27 April 2012

I differ with my Ld.Colleague above insofar as he says that the bar of marriage within prohibited degrees is not binding on adoptive children. It is wrong. It is indeed binding and the marriage is void in absence of any custom allowing the same.

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KNK A Learner (Learning to share) 27 April 2012

What if the properties were on the name of the R and B only

Does the brothers and sisters of R can become legal heirs.

Thanks,