According to Hindu Adoptions and Maintenance Act, 1956, after adoption, the adopted son/daughter lose all the rights of a son/daughter in their biological family, including the right to claim any share in the estate of the biological father or relations, or any stake in the coparcenary property.
Heirship on biological father's proper of a son in the event of adopted to a other family
I have been adopted by my Auntie through a deed. At the time of my adoption, I have one brother and one sister. But I have been remained with biological father's house till now. The details of my activities / sacrifices are given here under : 1. My sister was got married during 1985 wherein I am giving equal share at par with my mother to perform her marriage. 2. Biological Mother expired during 1987 and her last rites were performed by equal financial contribution by my brother and me. 3. My elder brother was expired during 1988 where in I have incurred the total expenditure for performing his last writes. It is a fact that for his treatment I had taken him to AIIMS,New Delhi and a part of expenditure was also borne by me. 4. After death of my brother, I had taken the care of his wife, two sons and one daughter in every respect till 2017 December. During the span i.e [deleted] I had sacrificed for the family members of deceased brother i.e burn the day to day each and every expenditure for grooming them, total expenditure incurred for the marriage of his daughter, participate physically and financially in every occasions of his in-law's family. 5.I had burn all the expenditure for performing the last rites of my biological father as the elder brother was not alive at that time. 6. During 2016 his elder son was got married and I have incurred approximately Rs. 1.5 Lakhs out of the total expenditure incurred by him. 7. Apart from the above, I have been giving all types of support to my Sister of Biological family financial and physical who should be required to extend as per our Hinduisim tradition. 8. To restore the property of Biological Father which stands in the name of Biological Mother, I have been incurring all expenditure i.e maintenance of the building, electricity charges (which stands in the name of my Biological Father), revenue charges, Telephone & Water Bill charges which stands in my name apart from day to day living expenditure. 9. Now my Bhabi & her children are united together and stands against me and trying to get out from that residence and prepare to go to any extent even to manhandling. It would be proper to indicate here that avoiding physical torture and I have been residing with my original son which is 60 K.Ms away since December'2017. But I am going to that residence frequently and staying there maximum period of 2-3 nights. Now my question arises : As I have been extending by best efforts inclusive of financial and physical support towards the Biological Family, shall I have no legally claim on the property of Biological Father's & Mother's ?
Asked 5 years ago in Property Law
Religion: Hindu
11 Answers
As per hindu adoption and maintenance act, child loses its right on biological parent's property after adoption. He cannot claim any share in their ancestral or self earned property.
Dear Client,
Whatever efforts you made and expanses incurred, gone in vain . Once adoption executed all ties and inheritance right from biological family ends.
All can be done that you can claim the expanses spent on them and ownership through adverse possession.
Firslty, the law of adoption in our country is made up with the aim to provide the maximum benefit to the children been adopted.
Secondly, when you had been adopted, but remained there makes no different with respect to the property even if you would have resided by the new parents.
Thirdly, if the property is anscestral one then you have equal share as other coparseners would be having.
Fourthly, if property is self acquired but no will is there then you would have share in accordance with Law of Succession.
Fifthly, no one can deny the right that you are having over the property.
Dear,
You are adopted by your auntie, so you are no longer a member of biological family.
and no right in the property of that family.
So no claim by you on that property.
You can only demand your expenditure from them.
As per Hindu Adoptions and maintenance Act 1956 an adopted child ceases all rights in the property of his biological parents and cannot claim any right in their estate
you have no share in biological parents property as you have been adopted by your aunt by deed of adoption
2)your educational documents reveal the name of your adopted parents
According to Hindu Adoptions and Maintenance Act, 1956, after adoption, the adopted son/daughter lose all the rights of a son/daughter in their biological family, including the right to claim any share in the estate of the biological father or relations, or any stake in the coparcenary property
Sir it is so great of you that you took care of your family nicely and it is bad to hear that now they are treating this way but since the adoption was done you have no right in the property of the biological parents you have right over the property of the adoptive parents . All the financial expenditure is made by you on own will so that cannot be ground.
The only ground to take the property is challenging the adoption deed and adoption that it was never completed as no ceremony only deed was made further you lived all your life with biological parents in that case you shall loose claim over property of adoptive parents.
1. post adoption you cease to have any right in the property of your biological parents
2. all the sacrifices and expenditure you incurred were out of your own volition and you were not legally bound to do that
3. now you cannot use the above as a ploy to claim share in the property of your biological parents
4. you have legal share in the properties of your adoptive parents, that too only after their demise and provided they have not sold or transferred their property or made a Will of the same to any person
If your adoption by your aunt was proper and legally valid then you canot claim any right in the property left behind by your biological parents.
The amount whatever you have spent towards the family members of your biological parents,cannot be claimed as a reason for claimning any right in the property belonging to the biological parents.
You are entitled to property rights in your adoptive parents alone.
Try for an amicable solution instead of legally fighting over the non-maintainable issue.
