Legal Heir

Respected Advocate,

the adopted son cannot obtain heir  ceritificate  alone, but it can be happen by concealing  the fact  from court that deceased have legal wife and children. 

The legal wife and children can straight way ask for their shares by way of civil suit,and can get relief from court or object the proceeding filed by adopted son for heir certificate.

The adopted son has got equal rights with the wife and child of his adopted father and hence no certificate can be granted in his name alone unless other legal heirs also give their consent.

Respected Maam'

After going through the papers i came to know that the adopted son is the son of the deceased's younger brother whith whom the deceased lived before his death. And there are not a single no objection enclosed along with the petition. The adoption took place just a month or 2 prior to his death and i have doubts about the intention behind all these as the wife and children are not even aware of such certificate being taken by them that why they came to me end of last month for the same and it took time collecting noobjections from the children. Even the adopted son is just 5 yrs old so the real father of the son is made the legal guardian. What are the law points here kindly advice? Thank You

Respected sir

After going through the papers i came to know that the adopted son is the son of the deceased's younger brother whith whom the deceased lived before his death. And there are not a single no objection enclosed along with the petition. The adoption took place just a month or 2 prior to his death and i have doubts about the intention behind all these as the wife and children are not even aware of such certificate being taken by them that why they came to me end of last month for the same and it took time collecting noobjections from the children. Even the adopted son is just 5 yrs old so the real father of the son is made the legal guardian. What are the law points here kindly advice? Thank You