• Adopted child get the share in property of biological parents.

-In 1978 my biological parents has given me to my adoptive father who was not married and very old.
-1980 my adoptive father died and was alone so again my biological father ask me to come but there was no paper formality happen for transfer of adoption.

-As my adoptive father died and got his property in my name.

- 1996 my biological parents died and got the share in his property too.

-In 2015 my nephew filed a case against me that i can not get the share in my biological property.

Some points for your reference.

- As My adoptive father adopted me so only adoption paper is there but all my education certificate and govt job details showing in biological parents details on paper.

- As i discussed with local lawyer and they are saying that i can get only adoptive parents property , not in biological parents property.


* heared cases where child has got the share in adoptive parents property and biological parents property but not got the case number..

PLEASE ADVICE AND LET ME KNOW SOME CASE REFERENCE WHERE I CAN PRESENT MY CASE IN STRONG WAY..NEED YOUR SUPPORT.
Asked 7 years ago in Property Law
Religion: Hindu

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11 Answers

1. You have enjoyed the double whammy so far. So give some time to your nephew as well who has rightly asked his share.

2. You can never get the sahre of your biological parents . Getting their names on educational certificates does not alter this legal position.

3. So if the nephew files the case you have can contest but ultimately you have to do away with the proeprty which you had wrongly inherited from your biological parents.

4. i regret you can not file any case agaisnt him as he has explored his legal rights which he is entitled to very much.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1) once giving and taking ceremony has been done and deed of adoption has been executed by your biological parents in favour of your adopted father your adoption i s complete

2) you have share in adopted parents property only

3) you would have no share in biological parents property

4) section 12. Effects of adoption.-

An adopted child shall be deemed to tbe the child of has or her adoptive 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 served replaced by those created by the adoption in the adoptive family:

Provided that-

(a) the child cannot marry any person whom he or she could not have married if he or she had continued in the family of his or her birth.

(b) any property which vested in the adopted child be 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.

(c) the adopted child shall not divest any person of any estate which vested in him or her before the adoption.

5) An adoptee can take only that property to his adoptive family from his birth family which is already vested in the adoptee prior to adoption by inheritance or by partition in the natural family or as sole surviving coparcener as he becomes its absolute owner. Clause (b) of the proviso to section 12 cannot be attracted when the property has not been vested in him and is still a fluctuating coparcener property; Devgonda Raygonda Patil v. Shamgonda Raygonda Patil, AIR 1992 Bom 189.

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

i have quoted section 12 of hindu adoption and maintenance act and given judgment of bombay high court in support that you cannot inherit any property of your biological parents after being adopted

2)giving and taking ceremony has been performed and deed of adoption executed so valid adoption has taken place

3) merely because your name was not changed would not imply that no valid adoption has not taken place

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

you can s eek injunction restraining your nephew from trespassing your land in your possession for last 25 years

contact a local lawyer

Ajay Sethi
Advocate, Mumbai
95208 Answers
7609 Consultations

5.0 on 5.0

1. Your advocate is right. You can get only adoptive father's property.

2. the moment the adoption deed is registered, your right on your adoptive father's property is established and right on your biological parents is extinguished.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. Indian Acts do not allow anyone to use it for giving pain to others but to seek justice/relief which you can certainly do.

2. Since you are in possession of the said property for more than 25 years, you can claim its ownership on the ground of adverse possession.

3. You can file a police complaint against his such forcibly taking possession of your said property and also can file an injunction application under order 39 Rule 1 & 2 and avail the order restraining him in entering in to your said land.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

1. I am not aware of any court Order by which a person can get properties of both his adoptive and also biological parents.

2. Alternative suggestion like adverse possession has already been provided to you in my earlier post.

Krishna Kishore Ganguly
Advocate, Kolkata
27245 Answers
726 Consultations

5.0 on 5.0

Actually you are asking for something which would be a music on your hear.

Unfortunately you can not expect an answer which is suitable to your illegal demand.

You have deprived the class-II legal heir of your biological parents which you have no option but to return.

The sooner you realise it is better for you.

Devajyoti Barman
Advocate, Kolkata
22920 Answers
498 Consultations

5.0 on 5.0

1. Adoption is a complete transplantation of the adopted child into adoptive parents family. The adopted child ceases to have any legal relationship with his biological parents after the execution of adoption deed. The demise of adoptive parents does not revive the severed legal relationship between the adopted child and his biological parents.

2. Even if the education certificates bear the name of your biological father they pale into insignificance if the adoption deed has been executed.

3. The only solution is to contest the case filed by your nephew. The onus to prove your adoption is on him as he is asserting that you have been adopted.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

heared cases where child has got the share in adoptive parents property and biological parents property but not got the case number..

PLEASE ADVICE AND LET ME KNOW SOME CASE REFERENCE WHERE I CAN PRESENT MY CASE IN STRONG WAY..NEED YOUR SUPPORT.

If you have been adopted legally and have acquired the property of the adoptive parent on the basis of this adoption, it is clear that you are the son of the adoptive parent and do not have any relationship with your biological parents.

Thus you are not entitled to any share out of your biological parents' properties as your relationship with them has been severed due to adoption.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

i am asking for some solution ..same answer any layer can give ..or you can search on google ..you will get the same answer..

please note there wil be case where this eception happened ..there was case in rohini which was macthing to my case but dont have case number to get reference,,,

thats a reason i was approaching you but laymen answer is coming

If you think that the lawyers' opinions are laymen answers and you know something better about the law and its provisions on the subject then you could found a reason or answer suiting your taste.

You cannot expect lawyer to give an opinion suiting your taste or desire when the law is different to that of your thinking.

You should understand that you cannot avail two benefit together, you are eligible for only one and any idea of availing both the benefits is nothing but criminally motivated illegal act for wrongful gains and it is punishable in law if there is a criminal complaint.

T Kalaiselvan
Advocate, Vellore
85409 Answers
2237 Consultations

5.0 on 5.0

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