• Remarriage and property title

I was a widow staying with my mother in law & father in law and have two children, one boy (9 years) and 1 girl (1 year) and after six months, i remarried with person who has no children. My biological both children are using the surname of my previous deceased husband in all our documents. We wish to retain the same surname. Further all the documents of my biological children are showing the name of my previous deceased husband as their father's name.
I want to seek your advice on.

1. Are the children automatically adopted vide our marriage or is it mandatory to enter into an adoption deed. Can the name of the mother's children be changed without adoption deed?
2. And what would be the scenario on the rights of the 2 children & mine in the property of their previous as well as new father if 
a. no adoption deed is entered
b. if adoption deed is entered
3.Will my rights and my biological children right on the vested property of my previous deceased husband extinguish post my re marriage?
4. Will my rights and my biological children right on the property of my earlier father in law property extinguish post my re marriage?
Asked 4 years ago in Family Law
Religion: Hindu

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15 Answers

1. It is mandatory for the second husband to adopt the children,

2. They will have the right on the property of the biological father.

3. Without adoption they will not have any right on the property of the second husband.

4. No the rights wont extinguish automatically.



Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

1. The childrens need to be adopted by due process of law.

2.after adoption they loose right of erstwhile father and get entitled to new fathers assets.

3.yes upon re marriage your rights go away from erstwhile husband.


Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

4.7 on 5.0

A child can only be adopted if he/she is Hindu, not previously adopted, not married and has not completed fifteen years of age. ... If a person is already married at the time of adoption then his/her spouse will become the adoptive father/mother of the child .

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

It is necessary to enter into deed of adoption. Children do not get automatically adopted

2) children would have share in property of deceased father if not adopted

3) your rights and children rights in deceased husband property does not come to an end on remarriage

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Hi, your second marraige does not curtail the rights of children on the property of thier biological father ..if you want to claim over the property it is advisable not to enter into adoption deed

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

1. On re-marriage the children are not automatically adopted by step father He will remain their step father until adoption is legally done.

2. Step children can inherit the property of step father only if adoption is made. if not then no right of inheritance accrues.

3. Neither yours nor your children lose right of share in the property of your deceased husband.

4. The right of the children extinguished in the property of your father in law only if adoption is done.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1. Adoption deed need to be prepared. Yes mothers name can be added to children without adoption deed.

2.You along children have right in the property of old husband. Also you have right on the property of the new husband.

a. they will have right in the property of biological father only.

b.they loose right in right of deceased father.

3. No right wont extinguish.

4. No.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Firslty, Mam, let me tell you that with regard to the rights of your children over the property of second husband is subject to the adoption.

Secondly, they should be legally adopted by him.

Thirdly, but, with respect to the ex husband property, they would have all right as you have married for the second time they have not.

Fourthly, you may not get anything out of the ex’s property but you children for sure.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

The property of the husband weather ancestral are acquired after his death will be vested in son daughter and wife and the wife can hold her share even after she marries again.

The children will have the name of his and her biological father and they will be the title holder of the property after the demise of his father. there is no automated adoption and in case they are being adopted by new father proper procedure should be followed for this purpose

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

court would not give custody of children to grand parents merely because of your remarriage

2) your children will have no share in ancestral property and self acquired property of grand father after adoption

3) your children have equal share in your deceased husband property

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

Dear Client,

Once children validly adopted, all their ties with previous family gets over and so the inheritance right in deceased father`s property both self and ancestral property, but you will succeed his property along with mother.

And here change is, children already inherited the property of their father, so now any adoption will have no effect on their property as already dispensed in them.

Custody of children will rest with mother only being natural guardian, GP`s can be given custody only if new father not good for them.

His property will inherit in you, his mother and both children by 1/4th each.

Husband share in ancestral property will inherit in same way.

In FIL`s property, non have any claim.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. Since the father is already expired they already have right in the deceased fathers property so even now if new father adopts them in that case also they would entitled to deceased fathers property.

2. court may give visitation but the court shall based on adoption will not give custody to the grand parents as mother you can contend for the welfare of the childrens.

3. yes they along you have right in fathers property.

they will inherit the fathers share.

no right in FIL self acquired property,

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1. The children will have a right only in the self acquired property of the biological father through laws of inheritance.

2. The court may give custody to them but it usually stays with the mother. Also, the preferences of the children are taken into consideration.

3. - If your husband died without a Will, then you will have equal rights in his self acquired property along with his mother and his children.

- No rights available.

- No rights as long as he is alive.

Shekhar Banerjee
Advocate, Delhi
156 Answers
1 Consultation

5.0 on 5.0

1. No, they are not automatically adopted by your husband, he would be treated as step father to the children after your marriage with him.

He has to legally adopt the children.

Why should their mother's name be changed?

2. After your remarriage you cannot claim any rights in your deceased husband's proeprty, however if your children, if not adopted by your husband, can claim their legitimate share in the proeprty of their deceased biological father's proeprty.

3. If you have already inherited the proeprty of your deceased husband before remarrying the other spouse then that property will remain with you.

Similarly if your children have not been adopted by your husband then they are entitled to their respective share in the properties of their deceased biological father's properties.

4. Whether you have remarried or not, you do not have any rights in your father in law's properties during his lifetime which is applicable to your children too.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

1. If my children have officially been adopted by my new husband, then will my children have rights on their deceased father property & their former grandfather ancestral & self acquired property?

No. They cannot have any rights in the properties of their biological father side. They can claim rights from their adoptive father only.

2. If my new husband does not adopt my children officially, in this case if their former grandparents file a petition/case in court to get custody of their grand children as their new father does not adopt officially and looking for their bright future, can court give rights custody of children to former grand parents?

They are your children and not your husband's.

Hence you have all the rights to reject their claim for custody of the children.

For any reason the court will not pss any order to hand over custody of children to their grandparents during your lifetime until and unless the children interest and welfare and their life is at at stake if they live with you.

3. Please advise my rights in following property:-

• Rights in deceased husband property

• Rights in ancestral property

• Rights in former father in law’s self acquired property.

Since you have remarried, you dont have any rights and NO is the answer to your above questions.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

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