1) whether any giving and taking ceremony performed ?
2) whether any deed of adoption was executed by biological parents in favour of adopted daughter .?
3) adopted daughter would inherit her father share in the house and agricultural land
Inheritance of hereditary property
1. Question relates to Tamilnadu Act. My father inherited a heriditary agricultural land from his father thro' a will. Myself and my brother inherited that property after the demise of our father in 1982. Since then the land is in the joint name of myself and my brother. Patta also stands in the joint name. my brother died in Dec 2017. His wife pre-deceased him in 2005. He did not have any issues. Without the knowledge of the family members he appears to have adopted a girl child in 2010. The child is still a minor. My brother has a house property in his name. Whether the adopted child can have any share in the heriditary property inspite of the fact that she was not born in our family as the coparcenary right acrues only thro' a birth in that family and what is the position of that child in regard to the house property of my brother.
Asked 8 years ago in Property Law
Religion: Hindu
13 Answers
Hi,
The property of your brother will definitely go to the minor child adopted by your brother if she is legally adopted.
An adopted child has all the privileges as a normal child of a parent even she was adopted at later time and have all the rights in ancestral property
1. Adopted child has all rights of inheritance like a biolgicalchild and the nature of proeprty does not cause any difference.
2.SO in this case the minor adopted daughter will inherit all the moveable or immoveable assets as left by your brother.
3. The girl has become a orphan.Shower her with all the love and affection which she expected from her parents. You should raise her as your own child.
Good luck.
S.7 of HAM act - Capacity of a male Hindu to take in adoption - Provided that, if he has a wife living, he shall not adopt except with the consent
of his wife unless the wife has completely and finally renounced the world or has
ceased to be a Hindu or has been declared by a court of competent jurisdiction
to be of unsound mind.
Explanation-
If
a person has more than one wife living at the time of adoption,
the consent of all the wives is necessary unless the consent of any one of them
is unnecessary for any of the reasons specified in the preceding proviso.
As his wife predeceased, he has the capacity to adopt.
1. The adopted daughter has the same right on her adopting father's properties after his demise intestate.
2. She being the only child of her adopting father, who died intestate, shall inherit all his properties as per law.
1) If the girl child is legally adopted by your brother than the whole share of your brother's property will get transfer on adopted girl child name.
That child would have all the right in both the properties.
1. Adoption under Hindu law is a complete severance of the adopted child from his biological family and transplantation in the adoptive family. The adopted child's rights in the adoptive family are at part with that of the biological child. So the adopted child has succeeded to the share of his father i.e your brother.
2. If your father inherited the land through a bequest made in his favour by his father then it is not coparcenary in the hands of the adopted child.
All the self earned property of your brother shall be devolved to his adopted daughter including the share of the inherited property of your brother.
Check for adoption deed.
Dear Client,
Through WILL, it has become personal property of both u brothers by equal share. 50% each.
By adoption she has become absolute heir of her father`s assets. And any act which is against the benefits of minor`s property is void without court order.
Born no Born dosen`t matter. Properties are personal properties , nothing left like hereditary property.
,
The 'adopted' child shall not have any claim to the property legally you and your brother inherited from your father. As for your brother's self-acquired property, the 'adopted' child shall have every right of succession provided the adoption was legally made.
If that girl has been adopted by a registered adoption deed and the adoption is legally valid then she will be considered as class I legal heir of your deceased brother.
Moreover your deceased brother's own house property has been on her name which clearly indicates that she is his adopted daughter and she has rights for a legitimate shar out of his other properties.
The joint patta will not entitle you to take away his share of property.
The property though inherited from your father, this becomes absolute property and own property of both you and your deceased brother.
This is not an ancestral property in your hands or in your father's hands
Therefore your deceased brother's share of properties will automatically devolve on his own legal heirs.
Hie adopted daughter is legal heir and successor in interest to succeed his share of properties.
You can be her guardian through court appointment to take care of her legitimate share of properties during her minority.
You cannot deprive her rights i the property for any reason, if you do, this will be considered as an illegal act of land grabbing.
Yes adopted and illegitimate child also have the same share as legitimate child of the family.
