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Rahulnayak (admin)     07 October 2013

Right of adopted child in natural born family property

Dear Sir/Madam

Does the adopted son has any rights on property in natural born family?

I have 2 questions regarding rights of adopted son in property of natural Born Family

1.Does he has share in the house which has khata in the name of his Natural Father and his Natural Brother.
2.Does he has share if there is a Joint Will done in his name and his brother name.


 5 Replies

Adv k . mahesh (advocate)     07 October 2013


wesite indiakanoon 
you would be cleared wheather he is eligible as this is the latest judgement where once adopted by another person from there he looses his rights from biological father 
1 Like

Adv. Chandrasekhar (Advocate)     07 October 2013

if the adopted child gets any property from the will of natal family, he is entitled to have the same.

1 Like

Rahulnayak (admin)     07 October 2013

Dear Sir,

The Natural father of the adopted son has not done any Will but his grandmother has done the will who is the purchaser of the property.

In the will she has mentioned both the Grandsons name. The will was done before the adoption.Khata is in the name of adopted child's father and brother.

So does the adopted son has the right in this property?

Laxmi Kant Joshi (Advocate )     07 October 2013

1. No , he has no share in the house which has khata in The name of his Natural father and his Natural brother , an adopted child shall be deemed to be The child of his or her adopted father or mother for all purposes with effect from The date of the adoption and from such date all the ties of the child in The family of his or her birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family. (a). any property which vested in The adopted child before the adoption shall continue to vest in such person subject to the obligations , if any , attaching to The ownership of such property , including The obligation to maintain relatives in the family of his or her birth . 2. Yes, if a registered will attested by two witness be made in his named jointly with his Natural brother by your grandmother , he will get his share.

Adv. Chandrasekhar (Advocate)     08 October 2013

In my opinion, if the grandmother executed a valid will in respect of the properties, which she can bequeath, despite adoption, the adopted child will have rights on that property.

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