Who said adopted son dose not have same right of biological child.
After adoption, child have absolute right in his adoptive father`s assets.
Adopted son rights in biological parents
Sir,i came to know that adopted son does not have any rights in biological parents property,as LAW states ,they have filed suits on bilogical parents properties after the death of adopted persons by his father in law and deceased persons wife.adoption took place in the year 1968.suits filed in the year 2013. now can i file order7 rule 11 to dismiss the plaintiff? or any other way to dismiss plaintiff suit filed on us?
Asked 6 years ago in Property Law
Religion: Hindu
15 Answers
Dear Sir,
You have to file application under order 7 rule 11 to return the plaint as it is filed beyond 12 years and also not maintainable otherwise.
and at the same time i have filed suit on my brothers wife to return the properties given on sympathy or mercy for livelihood.in that case if i get order 7 rule 11 in my favour,Can i claim those properties given to them for just enjoyment.
Asked 6 years ago
Yes order 7 rule 11 application can be filed on ground that there is no valid cause of action as there is no relief available for plaintiff against the defendants and the law itself gives no right to the plaintiff to file a suit.
You can file application for rejection of plaint under order 7 Rule 11 as adopted son has no share in biological parents property
How was property transferred in brother wife name
was it by gift deed ?
if so she would be absolute owner of property
Dear Sir,
Yes, you can claim if earlier suit is decreed in your favor.
No, this is wrong now the adopted son who has been legally adopted has all the rights in the property and other things of the parents so take steps, O7R11 application may help you.
Yes, if the plaint discloses that he is adopted child of some other persons and now he is claiming share in the property of his biological parents then it is a fit case where a petition for rejection of plaint can be filed.
However if in the plaint he disputes his adoption or does not admit it at all then rejection of plaint would not survive and you will have to wait till completion of trial.
You can file an application to dismiss the suit in the same before the court
1. Order 7 Rule 11 may not be attracted in this case.
2. You shall have to submit the W.S. putting forth your argument that after adoption, the adopted child ceases to have any right, title and interest on his/her biological parent's properties.
1. Read the Order 7 Rule 11 from CPC.
2. It is applicable on specific cases and is not applicable in the instant case.
The provision of law is very clear that the adopted son has no rights over the properties of the biological father including the ancestral properties.
Any such claim made is not maintainable in law.
According to the law of Hindu adoption and maintenance act a person adoptedhas no right to claim his share in Assets of biological father. ... After adoption, theadopted son has no share in biological parents property. The radopted son can claim share only in his adoptive parents property.
If you have transferred the property by a registered deed than you may not be able to reclaim it, however it was a verbal or oral transfer then you may stake a claim ion it based on the title deed in your favor, their application under O7 rule 11 may not be maintainable.
Order 7 Rule 11 of CPC, discusses Rejection of Plaint.
Dear client
You are absolutely right the adopted child have no right in the property of biological parents as Adopted son has no legal claim on the self acquired as well as ancestral properties of his biological father. Yes you can go for dismissal of suit as they have no right in property as per law.
