G.L.N. Prasad (Retired employee.) 07 August 2017

Adopted children

A Hindu male died intestate. During his life time, he has adopted a male child and female child, and is having 3 children through is wife.. There was earlier partition deed dividing all the properties. After the partition, he acquired another property, out of his share of property (Self acquired)

Whether adopted children can claim a share in the property of the father who adopted them and died intestate ?

In that property, if his two natural sons are not interested in partition among themselves can their sons (grandsons) during life time of their fathers can seek share in that property, where their grandfather died intestate.

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Raveena Kataria (Advocate ) 09 August 2017

Since he died interstate, both his properties would pass on by succession. If the adoption is registered property as per the law, the adopted child would also have an equal right of inheritence as the other children of the deceased. Note, anyhow the grandsons would be entited to share in their grandfather's property.

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G.L.N. Prasad (Retired employee.) 09 August 2017

While thanking you for responding to first query, the following reply appears to be not convincing:

"Note, anyhow the grandsons would be entited to share in their grandfather's property."

The original query was as follows: In that property, if his two natural sons are not interested in partition among themselves can their sons (grandsons) during life time of their fathers can seek share in that property, where their grandfather died intestate.

Read more at: https://www.lawyersclubindia.com/forum/details.asp?mod_id=152618&offset=1

The rights are not the issue, the only issue is as to whether they can file partition suit for such succession, when his father is alive and his brothers are not interested in partition of that succession properties.