PRASHANT (IT MANAGER) 12 April 2012

Adoption of brothers son's son

can a person (women) X adopt her brothers son's son as her son?? so that the adopted son can claim for his share from the property of X brother??

Property is ancestral.

as per my knowledge ancestral property should not be transfferd to sister if brother son(nephew) is alive.

sister(X) is married ...adopt a child from her brothers family ..child is brothers son's son

total case is of fraud for acquiring property

please advice.( I AM F

B		C	X
D	E
F,G,H	I,J

A..>>GRANDFATHER'S FATHER

B>>GRANDFATHER

C>>GRANFATHER'S BROTHER

X>>GRANDFATHERS SISTER(MENTIONED AS'X' IN THE QUESTION ABOVE)

D.>>>FATHER(DEAD)[YOUNGER SON OF B]

E>>UNCLE[ELDER SON OF B]

F,G,H>>SON'S OF D

I,J>>SONS OF E

: 'C' IS UNMARRIED AND DEAD

'X' CLAIMS FOR C's PROPERTY

'X' ADOPTED >>I

(X name is registers in various khatauni as per (p.k 11))

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Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 12 April 2012

Dear Querist,

Your query is not sufficently clear - however on the first blush I can say that

i) No bar to adopting brother's grandson;

ii) daughter (i.e sister) is equally entitled as son(i.e brother) what's the use of this circuitous/colourable adoption;

iii) post adoption all ties of brother's grandson in natural family property vanish - i.e if he had a birth right in his grandson's property he would lose (if there has been no partition and the right has not fructified) and becomes the son of daughter for all intents and purposes and can inherit property from her only (and that too only after her death)