• Property rights of re-adopted child

My grandmother(hindu) had 3sons. The eldest son adopted a child(male) in 1993 when the child was 6months of age. Then he passed away in 1997. Wife of the eldest son married the youngest son in 1998. The adopted child was re-adopted by the youngest son in the year 2000 when the child was about 8years.
I want to know if the adopted child still has a right in the property of the deceased eldest son or re-adoption make that inheritance void.
Please provide references.
Asked 4 years ago in Property Law
Religion: Hindu

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17 Answers

1. Once an adoption is validly made then the adopted losses ll his rights of inheritance from the his previous parent.

2. Since the child was readopted and if the re adoption was validly executed then he losses all his rights from his parents who gave him in adoption and gets entitled to all rights form his resent adoptive parents.

3. In other words He will inherit from the youngest son only and not from the elder son anymore.

4. s the elder son does before the second adoption of the child, he has already inherited from his father i.e.elder son as he was still his child then.

5. So the inheritance of the child from the elder son can not be stopped since the inheritance opened to him on the date when his previous died which was before the date of his second adoption.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Hello,

Yes readoption makes him uneligible to inherit the property.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Sir the readopted child only have right in the property of his current parents he has no right in the property of biological parents or the first adoptive parents.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

On demise of eldest son his widow and adopted son would be the legal heirs

2) Section 12 of Hindu adoption act deals with the ‘Effects of Adoption’ and proviso (b) of this section provides that “any property which vested in the adopted child 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”.

3) subsequent adoption does not make inheritance void

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

the adopted son lose all the rights of a son in their biological family.

if he re adopted legally, he lose all rights in previous adopted family.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

The adopted child of your elder brother will have all the property rights from his father after his death along with his mother and the wife of deceased brother can hold the property even if she gets married in this case she got married to your younger brother and the son of your brother which is now in the guardianship of his mother is adapted by the your younger brother he will have day rights as legitimate son in the property of your younger brother as well.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Dear Client

After death of father and before re adoption , child has already inherited the property of his farther so next adoption has no effect on child inherited property being personal property.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

1. Once some one is adopted. he/she becomes entitled to inherit the properties of his/her adoptive father and not his/her biological father.

2. In the instant case, he has been readopted by the youngest son. So, he will inherit the shares of the properties of his second adoptive father and not the properties of the first adoptive father.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

Readoption makes the inheritance void.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

Was the adoption done by a registered document on both he occasions?

If so, then the child will be entitled to the properties of the subsequent adoptive father alone.

Since the child was adopted by the adoptive father during his minority that too after the death of the adoptive father, he may not have any rights on the properties left behind by the deceased adoptive father.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

Son / Daughter have equal rights.

After the mother demise all the person has entitled to get equal share in her property

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

They cannot claim previous rent.

They are entitled to their legitimate share in the properties at par with the other share holders which will include the deceased legal heirs of your grandmother.

T Kalaiselvan
Advocate, Vellore
78133 Answers
1543 Consultations

5.0 on 5.0

Youngest son has one fourth share in property of deceased mother

2) his claim for rent for last 20 years would be barred by limitation

Ajay Sethi
Advocate, Mumbai
87976 Answers
6207 Consultations

5.0 on 5.0

They are entitled to share in the property further the rent for the past 20 years cannot be claimed and is barred.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

You can`t any thing in their life time , they will inherit 50% share each.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

As your grabdmother died intestate all her children have right to get equal share in her peoperty.

So they can claim their right over house but not over the rent received.

Abhilasha Wanmali
Advocate, Nagpur
1022 Answers
1 Consultation

4.8 on 5.0

1. This is a different query altogether.

2. The son and the daughter of your grandmother, who died intestate, are the legal heirs of their late mother's properties.

3. So, they have equal right on the said properties and can claim the share thereof.

4. Inheritance of property, as per transfer of Properties Act, is not dependent on whether the legal heirs have taken care of the late owner of the property or the property itself.

Krishna Kishore Ganguly
Advocate, Kolkata
26614 Answers
726 Consultations

5.0 on 5.0

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