SANKARPRASAD (MNGR) 07 June 2017

Right on property

A is Hindu Male had some property and deceased. He had 1 wife(AW) 1 Son(AS) and 3 Daugters(AD1, AD2, AD3).

Son of A Mr.AS also deceased but his wife(ASW) and 1 Daugter(ASD) and adopted Son(ASOS) are alive.

A deceased without writing any will or anything.

Who are the actual Right Holders on A 's properrty.

Pl. clarify.

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3 Replies

Kumar Doab (FIN) 07 June 2017

The 1st right on estate/property of Hindu Male that dies without disposing his estate/property by a valid/registered deed, in his life time is of his ClassI legal heirs i.e;

Mother (if alive as on date of death),

Wife (if alive as on date of death),

Sons and Daughters……………

The share of pre deceased son shall devolve upon his ClassI legal heirs.

Kumar Doab (FIN) 07 June 2017

After valid adoption the relationship is same as that of with natural/biological parents.

Rest are facts and details of your matter that you may relate.

Hindu Adoption and Maintenance Act 1956

Section 10: The child must be less than 15 yrs of age. However, if a custom to the contrary exists, such an adoption may take place.

Section 12 : an adopted child is deemed to be a natural child of his adopted parents for all purposes. All relations with the natural parents and family are severed and new relationships with the adopted parents are established. …………………………………the adopted child is not divested of his property that has vested in him before adoption ...