Add adopted child to existing legal heir certificate
Ramanathan
(Querist) 11 October 2011
This query is : Resolved
Sequence of events:
1. Father issued his Will (registered) for Mother & their three Daughters.
2. Father expired.
3. Legal Heir certificate was issued where Mother & their three Daughters names were listed in the same.
4. I was adopted by above widowed Mother.
Query:
Q1. Can I become a legal Heir to the above expired father. If yes, then what should I do?
Q2. If I cannot become legal heir, then how can my widowed Mother transfer properties to my name?
Q3. Do I have rights on the ancestral property of the above expired Father or widowed Mother?
prabhakar singh
(Expert) 12 October 2011
First of all i have to presume in absence of facts that your ADOPTION is VALID ONE and provisions contained in sections 8 to 11 of the THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956,were duly complied with.
If so is the case as presumed by me,the effect of your adoption would be governed by
provision contained in section 12 of the said Act.
ANSWERS TO YOUR Qs::
1]No,you can not become legal heir of expired father.you as adopted child shall be deemed to be the child of your
adoptive mother for all purposes with effect from the date of the adoption and from such date all the ties of yours in the family of your birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family.
2]YOUR ADOPTIVE MOTHER CAN TRANSFER HER INHERITED INTEREST FROM HER HUSBAND OR THOSE WHICH SHE OWN HERSELF CAN BE TRANSFERRED BY GIFT,SALE OR OR BY A TESTAMENT OF WILL.WILL SHALL COME INTO OPERATION AFTER HER DEATH.
3]YOU CAN NOT CLAIM ANY THING FROM ANY KIND OF PROPERTIES OF HUSBAND OF YOUR ADOPTIVE MOTHER AS ON HIS DEATH YOU WERE NOT IN EXISTENCE,YOU CAME IN EXISTENCE AFTER HIS DEATH.YOU CAN CLAIM ONLY WHAT YOUR ADOPTIVE MOTHER HAS AS OWNER THAT TO ONLY WHEN SHE PASSES YOU IT BY ANY OF THE MODE TOLD ABOVE.
YOUR TOO MUCH ANXIETY ABOUT PROPERTY SUGGESTS THAT YOU ARE MORE INTERESTED IN PROPERTIES WHILE THE TIME IS TO LOOK AFTER HER AND MAINTAIN HER PROPERLY.LAW ALSO IMPOSES UPON A DUTY OF SUCH KIND.
R.Ramachandran
(Expert) 12 October 2011
Dear Mr. Ramanathan,
You say that a person was adopted by a widow (meaning thereby that the adoption had taken place after the death of the male husband).
According to you, the property of the hindu male had been disposed of by way of WILL prior to his death. According to the WILL his properties to devolve on his widow and three daughters.
Do you mean to say that there is still some properties left in hands of the deceased father, which he had not disposed of through WILL?
What do you mean by "ancestral property" of the expired father? Throw some light on this. Does the deceased father had some property which he received from his father? If so, when did he receive it and from whom?
In fact, most importantly, you also have to say as to when did the father die?
You also ask a question: "What should I do" - with regard to what?
Shastri J.K.
(Expert) 12 October 2011
the adoption had taken place after the death of the male husband).Mother & their three Daughters have became title holder of the property just after death of the male (husband). Hence U are not a legal Heir to the above expired father.
Guest
(Expert) 20 November 2011
Dear Ramanathan,
Since you were adopted by the widow of the deceased after the death of her husband, you could become hier, along with other hiers, for the purpose of claiming part of property out of the share of your foster mother, only after her death.
