Legal heir when unmarried adopted son passes away

Querist : Anonymous (Querist) 07 September 2020 This query is : Resolved
Hello, Can you please advise on who will be the legal heir if the only adopted son (age 50) dies before marrying. Both parents have passed away many years ago and they do not have any other biological or adopted children. The adopted son inherited the parents property through a Gift deed which was also registered.

The adopted son (who died now) has biological brothers and sisters from his biological parents before he was adopted.

Thank You.

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Quick Summary

This discussion addresses who becomes the legal heir to property inherited by an adopted son who passed away unmarried and without children. The consensus suggests that under the Hindu Succession Act, ties to the biological family are severed upon adoption. Therefore, if there are no legal heirs from the adopted family (Class I or Class II), the property would not typically pass to biological siblings. The specific religion of the deceased and adoptive parents is also noted as a potential factor in determining succession.

SHIRISH PAWAR, 7738990900 (Expert) 07 September 2020
Hello,

In your case adopted son's father and mother and biological father and mother are dead. So as per me biological brother and sister of adopted son can claim the property of adopted son.

kavksatyanarayana (Expert) 07 September 2020
As per me, the adopted son's biological brother and sister will become the legal heirs. But it requires a succession certificate from the court.

Shilesh Patel (Expert) 07 September 2020
biological brother and sister are the next legal hair.

P. Venu (Expert) 08 September 2020
In my understanding, legal heirs through adopted parents and not the relatives through the biological parents would successors to the estate.

Message likes : 1 times

Sudhir Kumar, Advocate (Expert) 08 September 2020
Agreed with Mr Venu.

Adoption results in closure of all ties with biological family.

Rajendra K Goyal (Expert) 08 September 2020
If no class -I legal heirs are available from the adopted family property would be inherited by class – II legal heirs.

Hemant Agarwal (Expert) 08 September 2020
WHILE FULLY AGREEING WITH EXPERT SHRI P. VENU:

1. Biological Children & Biological Parents CANNOT be classified as Class-I or Class-II under the Hindu Succession Act, AFTER giving away Son for legitimate adoption.

2. By virtue of above, the above have no right to claim any property of this legally Adopted Son of another hindu family.

3. Similarly the adopted son of another family CANNOT claim any property of his biological family members, in any manner, whatsoever.

4. LASTLY, aapka naam-karan nahi hua hai kya abhi tak .... jo aap "anonymous" query puch rahe ho ????

Keep Smiling .... Hemant Agarwal
VISIT: www.chshelpforum.com

Dr J C Vashista (Expert) 09 September 2020
Which religion is being professed by deceased adopted son and his adoptive parents?

Dr J C Vashista (Expert) 09 September 2020
What is your claim / concern / locus standi ?

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