LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

pritpal (student)     15 April 2009

rights of natural son born after adopted son

hi! plzzz this is urgent.

an agreement was entered into by natural father(rajat) of adopted son( raju) and adoptive father(suresh) during adoption that suresh will give all his property to raju. later a son was born to suresh (who wud be his natural son). then father suresh was killed in accident. raju filed a suit for declaration to his entitlement in property on the basis of agreement. what rights does the natural son has?? both sons are major now.

plzz any1 do reply thanx in advance,,



Learning

 8 Replies

B.B.R.Goud. ( Faculty)     15 April 2009

though there is an agreement, the natuaral son and adoptive son, both shall have to be entitled to have the equal rights over the entire property, which is self aquired property.

if there is any ancestral property, the natural son will have the absolute interest and right over it.

 

Y V Vishweshwar Rao (Advocate )     15 April 2009

I agree with Mr  BB R Goud and futher add that ;-

By  valid adoption of a son, the son  will get all the rights and liabilities in yhe adoptive family . The natural son born after the adption . The adoption can not be cancelled .Both  sons shall be treated as sons and have equal rights in Self acquired and Ancesttral Proeprties  of father .

With regard !

Swami Sadashiva Brahmendra Sar (Nil)     15 April 2009

Are the parties hidu ? if yes, the adoptive son is not at a better footing than natural son.

a child in hindu family has birth right in ancestral property of which he can not be deprived before or after his birth. so, in ancestral property both sons are entitled , but the proportion of share is diferent in difrent schools of hindu law.

so far self aquired property of adoptive father and validity and efect of agreement is concerned, it can be tested after reading the text of deed.

G. ARAVINTHAN (Legal Consultant / Solicitor)     17 April 2009

Agreement registered or not - will have no impediment on the legal heirs

charudureja (advocate)     22 September 2009

Both sons have  equal rights in properties and an agreement made before the birth of natural son can not disinherit him from his natural right.

Hemant Agarwal (ha21@rediffmail.com Mumbai : 9820174108)     22 September 2009

1. A adoptive child cannot claim interest on the "Ancestral Property" of his adopted parents, IF there are other  original "natural" line-of-the-tree  claimants available.

 

2.  A adoptive child does not have  "ancestors".  By law a adoptive child is a "legal heir" BUT NOT A  "NATURAL HEIR".  BUT not for purposes of  "ancestral property", by the logic in point no. 1.

 

3.  If   "orginal or natural"  line-of-the-tree claimants are not available,  then the ancestral property is transferred to the property as if self-acquired by the adopted parents.  AND whatever is left by the deceased adopted parents is automatically succeded by his adopted son and not otherwise.

 

This can be disputed and twisted in several ways, if need arises.

 

Keep Smiling .... Hemant Agarwal

 

 

scharlie (worker)     10 May 2010

Both son have equal rights.The natural son born after the adption so adoption can not be cancelled .

Arup (UNEMPLOYED)     12 May 2010

both have equal rights - in absence of will in favour of natural son.


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register  


Recent Topics


View More

Related Threads


Loading
Start a New Discussion Unreplied Threads


Post a Suggestion for LCI Team
Post a Legal Query