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Adoption

(Querist) 29 December 2017 This query is : Resolved 

A hindu Person at age of 23 adopted by Hindu Family from Hindu Family, The adoption is registered.

Does the Adopted Person inherit the Right to property from Biological Father & Mother ? the property is ancestor property.
The Adopted Person Inherited the Property from Adoptive Parents.
Vijay Raj Mahajan (Expert) 29 December 2017
Hindu Adoptions and Maintenance Act, 1956 under section 12 provides:
Effects of adoption

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:

PROVIDED that-

(a) the child cannot marry any person whom he or she could not have married if he or she had continued in the family of his or her birth;

(b) any property which vested in the adopted child before the adoption shall continue to vest in such person subject to the obligations, if any, attaching to the ownership of such property including the obligation to maintain relatives in the family of his or her birth;

(c) the adopted child shall not divest any person of any estate which vested in him or her before the adoption.

Therefore;
The adoptee cannot inherit the property of his biological parents, however property which vested in him before the adoption like by birth his share in the ancestral or coparcenary property of the original Hindu family that shall continue to vest in him subject to the obligations if any, attached to the ownership of such property, including the obligation to maintain relatives in the family of his birth.
Sankaranarayanan (Expert) 29 December 2017
Nothing more to be added, Mr Mahajan elaborately explained
Guest (Expert) 29 December 2017
Are you that adopted person and want to inherit property of your biological parent as well as the adoptive parents? If so, you seem to be a greedy person.

In fact, at first before asking such a vague academic question, you could have got confirmed whether your adoption is legal or illegal.

Kumar Doab (Expert) 30 December 2017
The person was adopted at age of 23years.
Adoption deed is registered.
Obviously there is some custom in your community that allows adoption at this age.


Confirm!
Kumar Doab (Expert) 30 December 2017
Have you posed Greediness?

Is IT also vague, academic?

Dr J C Vashista (Expert) 01 January 2018
You have smartly repeated same question under the heading "gift deed" and now "adoption"?
If you have some more questions in your mind and/or not satisfied with FREE service of experts on this platform, consult a local tutor.
Kumar Doab (Expert) 02 January 2018
In both threads you have been provided with meaningful inputs that you my take home and leave the Trademark nuisance/sarcasm/personal attacks/daily quarrel that is littered at LCI from Day1 by chronic and habitual offenders …………………………
And go back to elders of your family/competent and experienced well wishers ……………..senior LOCAL counsels of unshakable repute and integrity specializing in such/civil matters and having a successful track record in such matters…………
Your OWN senior LOCAL counsel as suggested above can draw strategy for you and render a considered opinion despite some conflicting judgments by courts of law as per facts and details of your matter and render a considered opinion to you.
Finally you may decide on what exactly you would prefer to do as per merits or NO merits…….
IT shall be futile to litigate IF there are NO merits…….
Your OWN senior LOCAL counsel as suggested above, worth his/her salt shall update you on recourses, options and merits in each option….
Guest (Expert) 03 January 2018
With his latest vague and irrelevant post, a great demonstration of his disturbed mind by Mr.Kumar Doab (unreal name). After all he was to fulfill his lust to play a number game to add scores to his credit.

Welcome again to fully shaken up Mr. Kumar Doab with his utter frustration !


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