Adopted son's rights on property
I am adopted son, adopted by mothers father and mother when i was at the age of 15years and they adopted me by performing dattaka homa and registered my adoption as they were not having any successors, both of them were staying apart, my adopted mother was staying with me after my adoption till her death, my adopted father has an ancestrol property which he has named to his brothers son recently, can i have any right to fight for the property now, please guide me
Asked 3 years ago in Family Law from Sindhanooru, Karnataka
There are certain rules and regulations and If the adoption was legal though the same can not be questioned now , the adopted son from the date of adopton becomes a son with all the rights and liabilities of a natural son.
1. Since the adoption is registered in accordance with the law it is valid.
2. As the adoption is valid you have an equal share in the ancestral property of your adopted father. He could not have made a will or settlement of the ancestral property in a manner which effectively deprives you of your share. You may file a case for property division in the court and cull out your share in the ancestral property.
1) since adoption deed has been duly registered you are legally adopted . you have rights of natural son
2) you have stated that your adopted father has ancestral property . in such a case adopted father cannot gift , transfer ancestral property to brother son and disnherit you . engage a local lawyer and file partition suit in court for your share in property .
You are the lawful successor. You can question the transfer done by your adoptive father. You can file partition suit.