If he has taken his share in adopted father Property then he can take his biological father's Property.only his father can gift his right.
Biological father's property can be shared with son adopted to the other person
My Father's brother (out of 4 sons including my father) has been adopted (not registered) to their Uncle (their Father's brother) at the age of 16-20 Yrs. Now my Father's brother wanted to claim his share in his real/biological father's assets and adoptive father's assets, though My Father's brother has not contributed anything for his biological parents and bilogical brothers/systers welfare till today. My Father's assets are still under his father's name. We wanted to approach court for settling this issue. Please advise.
Asked 5 years ago in Property Law
Religion: Hindu
14 Answers
there is no formal deed of adoption
2) no giving and taking ceremony performed
3) further adoption cannot be done at age of 16-20 years
4) he has equal share in biological parents property but no share in adoptive parents property
If the person has been adopted then he cannot claim in the assets of his real parents
He can only claim from his adoptive parents
Also if the property is a self acquired property then the person will not be able to claim anything until after the demise of the owner
In lifetime of owner he cannot claim
Further it is not equitable for the person to make a claim both from his real and adoptive fathers
If since the date of his adoption he has been in the family of the adoptive father, then even if there is no registered adoption deed, he can only claim from his adoptive father and not from his real father
On adoption, adoptee gets transplanted in adopting family with the same rights as that of natural-born son. Adopted child becomes coparcener in Joint Hindu Family property after severing all his ties with the natural family.
An adoptee can take only that property to his adoptive family from his birth family which is already vested in the adoptee prior to adoption by inheritance or by partition in the natural family.
1. There is no adoption deed, hence he continues to be the son of his biological parents for all legal and practical reasons. Consequently, he is a legal heir to his father, and thus can claim share through intestate succession in his property.
2. Intestate succession does not get whittled down even if the heir has not contributed anything for the welfare of his parents.
1.An adoption without valid paper work i.e an adoption which is not admissible under the Hindu Adoptions and Maintenance Act, 1956. But in the absence of any documentary evidence to prove that he had been adopted.
2.after adoption, the adopted children lose all their rights 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.
See if there is adoption even unregistered deed is there , there is adoption ceremony and the person has claimed the property of adoptive parents then he has no right in biological parents property.
The three brother can approach the court for partition if the 4th brother claim the property then same can be contested on fact that he has been adopted and has no share in the property.
as the adoption has not registered he has right to claim biological father's property,
but
he can't claim adoptive father's property.
his share lies in biological father's property only not in adoptive father's property.
A person who has been adopted by somebody else loses the right in the biological father's property in case you are claiming the property of your biological father then you have to prove that you have not been adopted by anybody else and you have no inherited property from other person as his adopted son your siblings will definitely contest this matter as you are not eligible for this hairship
1) If the adoption procedure is not legal than all rest of legal heirs will get share in uncle property and in their biological father property.
Dear Sir,
- In-case the adoption is not registered, your father can not claim any property rights to the father who adopted him verbally.
- Since no registered deed happened, your father shall continue to enjoy the benefits of his biological father only.
- Incase there is any property given with registered deed to your father from other person than he can have right on same as gift or transfer property.
- However incase the local Patwari, Sarpanch and other local dignitaries gives the statement in written, it might help you to contest the case considering old customs (Chances are 50/50)
Regards
Vivek Arya
Adoption not registered invalid and after 15 years of age, neither can be given in adoption. He have right in his biological father assets only that also on his intestate death.
Hi,
After adoption, the adoptive father is treated as the real father and the child loses all the rights in his biological father's property.
He cannot avail the rights at both the sides.
In fact he is entitled to a share in his biological father's properties alone that too only after his lifetime and not before that.
He is not legally adopted by your uncle hence he cannot claim any share out of his property as right.
You may not get any relief even if you approach court hence see what best can be done on this
