What was age of son when was adopted ?
Whether giving and taking ceremony was performed?
whetherdeed of adoption executed kindly clarify
Ancestral property
Hi Team - We have a property aquired by our grandfather, one of my uncles son has been adopted by others out of the family. They follow 'Arya Samaj' and adoption has been formalized as per their formal procedure. My uncle has total 3 sons and 1 daughter, 2 of the sons are being adopted by others outside our family, 1 of this sone is the current discussion. - Does he have any leagal right to claim on my grand fathers property ? He seem to have got an agreement signed from his father, my uncle that he would hold equal rights on any of his fathers property owned by him directly Or aquired through ancestors. - Does this document have any leagal stand on the court ? All the parties and property references from hyderabad
Asked 6 years ago in Property Law
Religion: Hindu
14 Answers
1. Adoption under is a complete transplantation of the adopted child in the family of adoptive parents and simultaneously results in complete severance of legal relationship with the biological parents.
2. An adopted child, therefore, succeeds to the property of his adoptive parents in the same manner as if he were their biological child.
3. There are so many facts on which your query is silent such as the age of the child when he was adopted and also whether a registered adoption deed has been executed or not.
See property is self acquired by grand father , the grand father is sole owner of the property no one other then him has right on it. In case demise of grand father intestate without will all legal heirs of grand father that is his son and daughter and wife shall have right not grand children.
The property in question is not ancestral. To become ancestral it needs to pass on 4 generation.
It will be treated as self acquired property. Right to the property will pass on to all children of your grandfather in absence of any testamentary disposition by your grandfather. And similar way it will further pass on to their children.
So if any agreement is signed by your father and uncle in favour of any of their sons this will hold good in law provided right to the property has been passed on to them intestacy or by any other testamentary disposition.
If he is legally adopted has per adoption deed and other formalities and he had not taken or claimed share in his biological parents property. Otherwise he will be legal heir and will be entitled to share in property like other legal heirs
An adopted child cannot claim share in the property of their adoptive parents if the parent was a disqualified heir to their parent’s property. What paves way for disqualification? The law states that, “No person shall be disqualified from succeeding to any property on the ground of any disease, defect or deformity or save as provided in this Act, on any other ground whatsoever,” but remarried widows, heirs of a convert who have not retained the original religion at the time of succession, criminals, half-blood are some conditions wherein the adoptive parent who themselves cannot inherit will not be in a position to devolve their property on to another.
Unregistered adoption is not valid but customary is valid. So adapted son have no claim in grand properties. And in life time of parents, non grand son have any claim.
Document is not valid but they can give their share to him by WILL, gift etc.
according to Hindu personal law adopted son has equal right and duties as like the biological son.
Thanks for the response and here are the additional details ########## What was age of son when was adopted ? [Response] Below 18 years i guess, what are the implications on the case based on the age Whether giving and taking ceremony was performed? [Response] Yes as per the norms of 'Arya Samaj' I suppose there is also a letter from 'Arya Samaj' regarding adoption. whetherdeed of adoption executed kindly clarify [Response] No, not any legal formalities, but recorded and probably a letter of adoption from 'Arya Samajh' it was done through a customary ritual/ceremony #############
Asked 6 years ago
only child below 15 years can be taken in adoption
2) it would not be valid adoption unless there is custom in your community permitting such adoption
See adoption above 15 years can be done only where the customs allow it.
if the ceremony of adoption is recorded in Arya smaj and there is proof of same then it is valid adoption.
But the property is self acquired so no grand children and children has direct right.
I don't think only letter from arya samaj is valid. Procedure for adoption is given in hindu adoption maintenance Act 1956. Any thing done in contravention will be illegal after the applicability of the said Act.
Applicability of Act
Hindu Adoptions and Maintenance Act apply to Hindus and all those considered under the umbrella term of Hindus as described below. As per the provision of this act, the following person can adopt a child in India.
- This act applies to any person who is domiciled in the territories
- A person who is a Hindu by religion in any of its forms or development, including the Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj
- A person belongs to a Buddhist, Jain or Sikh can adopt a child
- A child legitimate or illegitimate whose parents are Hindus, Buddhists, Jains or Sikhs
- A child legitimate or illegitimate one of whose parents are Hindus, Buddhists, Jains or Sikhs and has been so brought up
- An abandoned child, legitimate or illegitimate of unknown parentage brought up as a Hindu, Buddhist, etc.; and
- A person who has been converted to the Hindu, Buddhist, Jain or Sikh religion
Note: To apply the Hindu Adoptions and Maintenance Act in the territories, the person should not belongs to Muslim, Christian, Parsi, or Jew by religion
Who can Adopt a Child?
No person will be capable of being taken in adoption unless the following conditions are fulfilled
- The person should be a Hindu
- The person has not been married, unless there is a custom or usage applicable to the parties which permit persons who are married being taken in adoption
- He or she has not already been adopted
- He or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permit persons who have completed the age of fifteen years being taken in adoption
Requisites of a Valid Adoption
Under the Hindu Adoptions and Maintenance Act (HAMA), only Hindus can adopt subject to their fulfilment of specific criteria. As per the provision of this act, no adoption will be valid unless fulfilling the following conditions:
- The person adopting should have the capacity and also the right, to take in adoption
- The person giving in adoption should have the capacity to do
- The person adopted should be capable of being taken in adoption
- The adoption should be made in compliance with the conditions of the Hindu Adoptions and Maintenance Act (HAMA)
Eligibility of a Male Hindu to Take Adoption
Under HAMA, any male Hindu who is of sound mind and not a minor can take a son or a daughter in adoption. If he has a wife living, he cannot adopt a child except with the consent of his wife unless the wife has completely renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.
Note: In case the person has more than one wife living at the time of adoption, the consent of all the wives is mandatory unless the consent of any one of them is unnecessary for any of the reasons specified in the preceding clause. The senior wife will be classified as the legal mother of the adopted child.
Eligibility of a Female Hindu to Take in adoption
The eligibility criteria for female Hindu to take a son or daughter in adoption are given here:
- The female Hindu should be of sound mind
- The female Hindu should not a minor
- The female Hindu who is not married can adopt a child
- In case of a married female, whose marriage has been dissolved whose husband is dead or has completely renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind,
Conditions for a Valid Adoption
In every adoption under Hindu Adoptions and Maintenance Act (HAMA), the following conditions must be complied with:
Adoption of a Son
In case the adoption is of a son, the adoptive mother or father by whom the adoption is made should not have a Hindu son, son’s son or son’s son’s son living at the time of adoption. They must not have a son whether by legitimate blood relationship or by adoption.
Adoption of a Daughter
If any adoption is of a daughter, the adoptive father or mother by whom the adoption is made should not have a Hindu daughter, daughter ‘s daughter or daughter ‘s daughter ‘s son living at the time of adoption. They must not have a son whether by legitimate blood relationship or by adoption.
Adoption of a Female Child by a Male
If the adoption is to be taken by a male and the person to be adopted is a female, the adoptive father should at least twenty-one years older than the person to be adopted.
Adoption of a Male Child by a Female
If the adoption is to be taken by a female and the person to be adopted is a male, the adoptive mother should at least twenty-one years older than the person to be adopted.
Other Conditions
- The same child cannot be adopted simultaneously by two or more persons
- The child to be adopted must be provided and taken in the adoption by the parents or guardian concerned or under their authority with the intent to transfer the child from the family of its birth. In case of an abandoned child or a child whose parentage is not known, from the place or family where it has been brought up to the family of its adoption.
Major child cannot be adopted.
Customary adoption convention in your area than will prevail. Whereas as per law only registered adoption is valid .
As per law, no grandchildren have any rights in their grandfather's properties nor they can claim any share in the grandfather's properties as a right.
If at all your uncle's adopted son is claiming any share in the grandfather's properties, it is illegal and not maintainable in law.
The agreement between him and his father has got nothing to with the share of properties that belong to other shareholders. That is purely personal between them and not binding on others.
An adult cannot be adopted hence that question would have been raised.
Arya samaj adoption cannot be held as a legally valid adoption.
This formal adoption cannot be recognised as valid adoption in law.
Dear Client
As per law The adopted son doesn't have right on the property of biological father or ancestral property.
But the adoption should be done through legal means and it should have proof that a child has been adopted and biological parents gives all right of child to adopting parents. And that son can claim property of adoptive father and mother not of biological parents.
