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krishnarajpr (n/a)     19 November 2009

Adoption

Dear Seniors,

An adult was given in Adoption by the father by way of a registered adoption deed in the year 1992.

The adopted father, died in the year 2002. The original father died in the year 2005. There were properties in the name of original father and the adopted father.

Now on the death of the original father, the adopted son wanted to claim share and has taken legal heirship certificate including his name also. After this, he has also joined the execution of the sale deed of the property beloinging to the original father and claimed his share.

Now, my querry is that whether by this act of claiming share and joining in the execution of the sale deed as a legal heir of the properties of the original father, what happens to the adoption. Is he still the adopted son to claim the properties of the adopted father.

If at all somebody can question this, who can do so, Whether is the other heirs of the original father (whose share otherwise would have been more in the sale of the property of the original father) or the other heirs of the adopted father to exclude the adopted son to claim in the estate of the adopted father.

Please suggest.

 



Learning

 3 Replies

Suchitra. S (Advocate)     19 November 2009

After the adoption, all the rights and privilegs of the person who is adopted cease with his family whr he/she ws born. All the rights and privileges accrue in his/her adoptive famlily. Here, In this case, the adopted person will have all the rights in his adopted home. Actually he was not entitled to the property of his natural parents. Now the legal hairs of the natural parents can challenge his share in the property. It will no way make the adoption void, nor he will lose his rights in his adoptive home.

krishnarajpr (n/a)     20 November 2009

Thanks for the reply.

To add up on the querry, whether by the adopted son's act of signing the sale deed as a legal heir, is he not prohibited to claim as an adopted son. Is his act not amount to voluntaraly foregoing the rights as an adopted son.

I am given to understand that in HINDU LAW, once given in adoption can not be taken back. But here is a case where the adopted son chooses to leave the rights in the adopted family for monetary benefits and claims as a legal heir of natural parents, and again, after receiving the share in the natural parents family, he now wants to claim share in the adopted family also. Does the law permits to take dual share for adopted son/daughter. Is he not prohibited by his own act of claiming as a heir to natural parents, to claim further in the adopted family.

In the absence of the adopted son claiming, I will be th legal heir and my rights are now curtailed by his act. Please suggest at this point.

Regards,

Suchitra. S (Advocate)     20 November 2009

In this case, other legal heirs of natural parents of the adopted person  can only challenge the share of the adopted person now. It cannot be impliedly understood that he has chosen to leave his rights in the adsopted family. Even if he chooses to do so, he cannot be entitled for the share in the property of natural parents. Adoption can never be set aside once it is legally done. Nobody can prevent himnow from having his share of property in his adoptive family.


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