Adopted son

B. SAHU (Querist) 02 February 2016 This query is : Resolved
I am leaving with my guardian along with my mother from last 10 years, but he is not my actual father. My actual father and mother are seprated and right now i am is with my mother. Let me tell you that my mother and guardian not married. Now if my guardian is accepting me as a adopted son so can i enjoy the benefits in my Guardian's property.

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P. Venu (Expert) 03 February 2016
Adoption is a matter of fact of having performed the requisite ceremonies and execution of deed, if any. In the given situation, none other than than the parents could be guardians (if you are still a minor).

As such there is no question of any claim of your inheritance to the properties of the deemed or presumed guardian. Of course, he can confer the properties to you through a gift deed or a Will.

Adv. Yogen Kakade (Expert) 03 February 2016
Merely acceptance of adoption is not enough for the authentication of the adoption to get the rights over the property as adopted son. The process of adoption has to completed along with the proper consent of the biological father.

Rajendra K Goyal (Expert) 03 February 2016
You can not inherit property of your guardian without legal adoption.

Your guardian can gift or will the property in your favor if he wish.

You can claim share in property of your biological father.