Vijay anand (Consultant) 18 June 2021
P. Venu (Advocate) 19 June 2021
The facts, as posted are simple and straightforward, but complicated by confused approach.
The adopted son stands in the same footing as other children. The mother is the natural guardian to the mentally challenged son.
The bank account can be handled by the nominee who is the trustee for the funds for all the legal heirs.
Shashikant V. Patil (Lawyer) 19 June 2021
Some times bank also asked the consent of other heirs to release cash and jewellery . In that case, you approach bank auth. to get their direction.
Dr J C Vashista (Advocate) 20 June 2021
The adoption deed is perfect, valid and legal.
Son steps in the shoes of his adoptive parents for succession of estate of the deceased.
Apply of surviving member certificate from area Tehsildar / SDM.
Facts posted are vague and confusing qua biological parents of (adopted) son, their daughter, property left by the deceased (adoptive parents) and family pension for an adult (adoptive) mentally retarded son.
T. Kalaiselvan, Advocate (Advocate) 20 June 2021
To take care of the mentally retarded person, the adoptive mother has to file a petition before court competent under Mental health act to appoint herself or any other person as a court guardian.
After that the so appointed guardian can file a succession certificate petition to implead him as a successor to succeed to the assets/estates left behind by his adoptive father.
After that they can avail the shares of the adopted son legally on the basis of the succession certificate obtained from court to manage and administer his properties as his guardian.