Siva (other) 23 May 2012

Birth right on grandfather's property after adoption

Hi,

I am adopted by my maternal grandfather when I am 20 and, now I am 40 years old.... we are closley knit family... maternal and paternal grandfathers used live in opposite houses in a village... so they never felt that I am been adopted... recently my paternal grandfather has written a WILL and died.... In his will he stated "the property should be given to male children of his son (grandchildrens)"... We are 2 grandchildrens to my paternal grandfather and I am the elder one (please see below image)... So according to the birth right, will I get the share from my paternal Grandfather? please do let me know... Thanks

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3 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 23 May 2012

After adoption a child is completely taken out of natural family and transplaned into the adoptive family. Once you are adopted you cease to be your paternal grandfather's grandson. But was your adoption correct and legally tenable ? the normal rule is a person above 15 can't be adopted (unless there is an established custom in that behalf) if your adoption falls to the ground then you can inherit as per the will, otherwise not.

Feel free to talk !

Siva (other) 23 May 2012

Thanks for your response.. one small question...

My grandfather clearly mentioned male children of his son in plural (and we are only 2 grandsons).... according to his mind set I am also his grandson... otherwise he would have mentioned Grandson and that belongs to my brother....

Also the property is from my grandfather, not from my father... so he can offer me the property also... Please correct, if I am wrong...

Coming to the adoption reason, my maternal grandfather is too old and he wanted me to do the cremations after his death..