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raj Kushi   11 July 2021

whether foster son claim property from natural father

Raja IS FOSTER SON OF parvathi
ALSO parvati raja's aunt.....

parvathi is widow as well as she has no issues..
parvathi given education till rajas 7th standard also gifted 4 acre land..

can raja claim partition his natural father/ancestral properties..?.

foster son has right his natural father properties?


Learning

 3 Replies

minakshi bindhani   11 July 2021

The Foster child concept in Indian jurisprudence is fairly new. In the case of K.V Muthu (vrs) Angaramuthu Ammal(1997), The Supreme Court has spoken about the rights of a foster child.

"A foster child According to Supreme Court decision is one who has been received by the foster parents at a very early stage of life, nurtured, cared for, and brought up as their child.

But the discrepancy we have between an adopted child and foster children:

1.Adoption is a legally permanent living situation where the biological parent's rights are surrendered and the child becomes a legal member of the adoptive family.  Foster care is a temporary living situation in which the foster family has a guardianship right only. whereas the adopted child is through the legal process by performing the procedure under Hindu Adoption and Maintenance Act, 1956.

2.The foster child's biological parents remain his or her legal parents unless their parental rights were terminated by Law.

3.In comprehensive, the foster child does not have any right to inherit property.

In the present case, raja can claim for partition from his biological parents or ancestral property. because the parental right was not terminated by law. His natural parents are deemed to be his legal parents and have the right over the natural's parents property.

 

SHIRISH PAWAR, 7738990900 (Advocate)     11 July 2021

Hello,

Yes, he can claim ancestral property of natural father. 

raj Kushi   11 July 2021

any citations supporting to foster son to claim his rights from natural parents or ancestral property

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