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Nagesh (private empolyment)     04 February 2023

Rights of property of an adopted son

Dear Learned Gentle Men, 


A Couple who were  issueless adopted an Orphan  boy. (Not legally, i.e. no adoption deed or legal procedures followed).

Now the foster father is no more (intestate death)  and his wife is also aged.  Apart from his wife, there are no Class I or II legal heirs to the deceased person.  

In these scenario ,

a.) Does the boy,  now about 31 years of age, ( unmarried &   is settled with a job now) is entitled to a share in the property of his adopted father ?

b.)  Is it legally binding on the wife of the deceased to share the property left by her husband with the adopted son  since he was not adopted legally through Court Procedure or through Adoption Deed ?

c.) The adopted son is abusive and violent.  So the women is not interested in  bequeathing or sharing or gifting  the property to him. Or in other words, she is does not want him to claim any share in the property.

d.) In the event the adopted son approaches the competent court for his share (if any) in the properties, what  are his chances ?


Please advise.

 thanking you, 




 5 Replies

Shashi Dhara   04 February 2023

No if she denys adoption he cannot claim any share ,she can dispose it as per her wishes through gift or will .

kavksatyanarayana (subregistrar/supdt.(retired))     04 February 2023

The adoptive mother agrees that he is their adoptive son, then he will have a share in the property, though the adoption deed is not registered.  Otherwise, he has no right over the property.

Dr J C Vashista (Advocate)     05 February 2023

Adoption process is incomplete, invalid and illegal hence he (the boy. who is stated to be 31 years man) has no claim, right or interest in the property of so called "adoptive" parents / mother.

Nagesh (private empolyment)     06 February 2023

Thank you all.

sahithi reddy   08 February 2023

Even though the adoption deed is not registered, if the adoptive mother acknowledges that he is their adopted son, he will receive a share of the property. He does not have any claim to the land.

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