Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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s.vinodhbabu@gmail.com (individual)     23 June 2017

Adopted son right over the assets of his natural brother

Say A & B are males. C & D are females. They were all brothers and sisters. All were the children of X. Whereas B was given away in adoption by X to his brother Y. Now A died issue less intestate leaving some assets earned by him from and out of his own income. C & D can claim those assets as the class II heirs. but they are also willing to give equal share to their other beloved brother B. what is the legal stand of B?. is a succession certificate necessary ?, for disposing those assets of A. And how B can be added in the said succession proceedings in order to transfer the said asstes legally to other innocent buyer. i.e How legally B can be made as a party to the said transfer of title of those asstes of A. 



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 15 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     23 June 2017

If the head or a member of the family passes away, the next direct legal heir of the deceased such as the wife or husband or son or daughter or mother may apply for Succession Certificate on application for the purpose of transferring Electricity connection, House Tax, Telephone connection/Patta transfer, Bank Account, Filing of IT Returns, etc. If the person who died is a Government servant, legal heir certificate is issued for sanction of family pension, and for getting appointment on compassionate grounds. Legal Heir is also provided for various other reasons as-well. 

1 Like

Advocate Bhartesh goyal (advocate)     23 June 2017

B (adopted son ) hasn't any right/share in the property of his deceased natural father.succession certificate is not required for disposal the property of A.
1 Like

Kumar Doab (FIN)     23 June 2017

 

It is believed that you are all Hindu.

The adoption was valid.

Confirm!

 

 

1 Like

Kumar Doab (FIN)     23 June 2017

Hindu Adoption and Maintenance Act 1956

Section 10: The child must be less than 15 yrs of age. However, if a custom to the contrary exists such an adoption may take place.

Section 12 : an adopted child is deemed to be a natural child of his adopted parents for all purposes. All relations with the natural parents and family are severed and new relationships with the adopted parents are established. …………………………………the adopted child is not divested of his property that has vested in him before adoption and that an adopted child cannot divest anybody of his vested property after adoption.

 

ClassI legal heirs have 1st right i.e. Mother (if alive as on date of death), Wife (if alive as on date of death), sons/ daughters {legitimate, illegitimate ( from……… void, voidable marriages)}……….

You have confirmed that the estate/property is self earned/acquired.

You have not confirmed if Mother and Wife were alive as on date of death.

Confirm!

1 Like

Kumar Doab (FIN)     23 June 2017

 

Since you are already referring to ClassII legal heirs (per your own understanding and interpretation) then you may also confirm if father was alive or not.

If NO ClassI legal heirs is present then ClassII legal heirs come into picture.

If father is alive then Father being in entry I  of ClassII  ( heir in higher entry) may exclude others heirs in a lower entries.

The father in entry1 includes adoptive father.

If father is also not present then brothers and sisters jointly inherit the estate/property.

1 Like

Kumar Doab (FIN)     23 June 2017

Same Query:

https://www.lawyersclubindia.com/experts/Adopted-son-s-right-over-the-assets-of-his-natural-brother-645151.asp

s.vinodhbabu@gmail.com (individual)     23 June 2017

yes sir we are all hindus and the adoption was duly registered. though the adopted son has got no right over the assets of his biological father, the other biological brothers and sisters want to give an equal share to the adopted son. 

s.vinodhbabu@gmail.com (individual)     23 June 2017

thank you sir for your valuable time. no mother or wife is alive. 

 

s.vinodhbabu@gmail.com (individual)     23 June 2017

sir father, mother and wife of A have also died. only his brother B who was given away in adoption and other two sisters and an youngest brother's widow and son are alive. even though B was given away in adoption they had strong bond between them. and moreover B was given adoption legally to Y who was the brother of their biological father X. hence the bond was very strong. they all wanted B to have an equal share even though he lost his rights by virtue of adoption. so what is the capacity of B. how to put B in a document of transfer of title of properties of A.or just simply add him as a party to the conveyance deed mutually agreed by others class II heirs of A. 

Advocate Suneel Moudgil (Advocate)     24 June 2017

B (adopted son ) hasn't any right/share in the property of his deceased natural father as he was adopted legally. as none is alive except bothers and sister theefore they (brothers and sisters) will inherit the property.

B couldn't be added in deed however, after transfer they can gift him (B) his share

Kumar Doab (FIN)     24 June 2017

As per your previous posts only A has died intestate and there is no mention of the, father X, being alive or having deceased.

You have duly mentioned that estate of A is self earned/acquired and his mother, wife was not alive as on date of death and probably he has not left any illegitimate son/daughter as well.

If father X of deceased A was alive as on date of death then he being in entry 1 of ClassII can be sole legal heir and owner.

If X was also not alive as on date of death of A then C&D can be legal heir and owner.

 

However Anyone can gift/sell/WILL to anyone even if there is NO relation between them or even if there is a relation between them.

Kumar Doab (FIN)     24 June 2017

 

Anyhow the details about who are legal heirs of deceased Hindu male, have already been posted.

In case of A it is apparently simple case of inheritance.

Kumar Doab (FIN)     24 June 2017

At your location the legal heir certificate for ClassII relatives might also be issued by O/o Tehsildar.

The death certificate, legal heir certificate of A may be submitted to authority under whose jurisdiction property falls, to record inheritance in mutation records.

Thereafter update mutation records, say Fard showing ownership/share of, legal heir may be obtained.

This may suffice for gift/sell/WILL to B, by A or by C &D, as the case may be.

Kumar Doab (FIN)     24 June 2017

 

Why have you made a mention of Succession Certificate?

Has local authority say O/o Tehsildar declined to issue legal heir certificate for ClassII relatives?

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