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BHASKARA SASTRY (advocate)     13 July 2010

adopted son

if adopted son having vested interest in the joint family properties are not?

what i am saying is that if 4sons in the family 3one was adopted by some one. 3one family that is these 4brothers having ansysteral properties?this adopted one is entitled for that share are not?


 8 Replies

Arup (UNEMPLOYED)     13 July 2010

adopted son have equal right with natural sons in the joint family properties.

Suchitra. S (Advocate)     13 July 2010

I do not agree with  Arup Sir.

If a person is adopted, then, he will have a share in the ancestral property in the adopted family. His rights over the property of his natural parents are automatically cancelled. In this case, he cannot ask for his share with his other brothers mentioned. 

Pranjal Srivastava (Lawyer)     13 July 2010

Suchitra Ji,

You and Arup Sir both are correct at there own But the problem is The Question asked  by the author  is not very clear


Arup (UNEMPLOYED)     13 July 2010

ms. sucharita, you misunderstood me.

i am talking about the person who having 3 natural and one adopted son. his four son will get equal share.

i am not talking about whether the said adopted son will get the property of his natural parents.

Suchitra. S (Advocate)     13 July 2010

Sorry Arup Sir...   I got confused as the query is not too clear as Pranjal Sir said..  

BHASKARA SASTRY (advocate)     13 July 2010

thank you all of you but when a baby in the mothers womb also having right over properties)   how automatically cancelled the ritht after adoption? is thare any case law in this ? sir

Suchitra. S (Advocate)     13 July 2010

Sir, the idea it is to avoid double accretion of property to the individual who is given in adoption. Infact, earlier children used to be given in adoption with prime interest of ensuring property in the name of the children by the adopted family. If the property is not available from the adopted family, then who would give their child to another family in adoption?

Devesh A. Bhatia (Advocate)     14 July 2010

I agree with view of Suchitra Ji. A son given in adoption relinquishes all rights to the property of his original family. Sec 20 Hindu succession act 1956 deals with rights of an unborn child. If the child was in womb at the death of the intestate then he as same rights as of an existing child. 

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