We are family of 5 members father , mother , sister & two sons . Eldest son is given in adoption to the maternal grand father at his young age . We are doing a partition of family property which comprise of ancestral house ( 3 generations old ) self acquired property of father between me and my father . We have agreed to give my mothers property to my sister . In the partition deed we have mentioned that eldest son is given in adoption & sister will get her share in mothers property . Deed will be signed by me , father & mother witnessed by sister . Is it required for the adopted son to sign the partition deed though he is not offered any property in the current settlement
Also pl comment if he has right to the fathers property which was existing at the time of his adoption .
No, the son who was given in adoption, once adopted lost all his rights as a son in his natural family including the right of claiming any share in the estate of his natural father or natural relations or any share in the co-parcenary property. Thus, his signature is not required as he is not entitled to or has any share in the property. Refer : Sec 491 of Hindu Law