• My right in the ancestral property

HI, I was given into adoption when I was 4 years old. That time my grandfather was alive and  had some land which he inherited from his father ( MY GREATGRANDFATHER). Now after the death of my grandfather in 1996 the land has come to my father's name which is not at all his acquired property. This property was passed from my great grandfather to my grand father and finally to my father.
Now my question is what is my right in this property or grandson right in grandfather property.

Thanks
Asked 11 months ago in Property Law from United States
Religion: Hindu
1) please clarify whether deed of adoption was executed and duly registered? 

2) whether property you are seeking an opinion is your biological parents or adopted parents property? 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
1) once you have been given in adoption you have no share in biological parents property 

2) you can claim share only in your adopted parents property . 

3) if your adopted mother  or father  has any share in property you would inherit their share of the property if thy  dies intestate 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
1) it is not ancestral property 

2) ancestral property refers to any property acquired by the Hindu great grand father, which then passes  undivided down the next three generations up to the present generation of great grand son/daughter. In short , firstly,this property should be four generation old, secondly it should not have been divided by the users in the joint Hindu family as once a division of the property takes place, the share or portion which each Coparcener gets after the division becomes his or her self acquired property.

3) you dont have any share in said property 
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
1.If the title of the property is still in the name of your great grandfather which has not yet been conveyed to anybody either in part or in full, then it is your ancestral property,

2. Being the adoptive great grandson, you have full right on your ancestral property which can not be dealt with by your father or other legal heirs  
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1.After you were given in adoption, you can not claim inheritance of your biological parents property,

2. You can claim share of the properties of your adoptive parents along with their other legal heirs, if any.  
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
1.This is a highly debatable matter,

2. In plain speaking, one can not enjoy his inheritance right from both the sides i.e. biological and adoptive,

2. Once adoption takes place, all the rights on biological parent's properties ceases to exist.
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Now my question is what is my right in this property or grandson right in grandfather property.
You have stated that you were given in adoption at your 4 years of age, so it means that the adoption was legally done by an adoption deed duly registered with a SRO.
Now you claim your grandfather's property through your father's share, whereas the law says that once you have been given in adoption, you lose all your rights with your biological father and you acquire the rights through your adopted father alone. 
Yo have not stated whether you are claiming the hare of property from your biological father or from adopted father(?)
In any case the said property do not acquire ancestral status hence there is no coparcenary rights in it.
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
1. The deed of adoption was executed and properly registered.
2. The property I am seeking is my biological parents property. One more detail, I was given into adoption to my grandfather's real sister.
Once adoption is valid, adopted son can claim only in the property of adopted parents and not in the property of biological father.  But, if the adopted son had any property vested in him prior to the date of adoption then that right survives the adoption i.e., he will continue to have that right even after adoption. Ex. Right by birth in the HUF property of biological father.(ref Proviso (b) to sec.12 of the Hindu Adoption and Maintenance Act, 1956). The right by birth arises if there is ancestral property, i.e., property inherited from fore fathers and is held jointly by all the members of the family without partition. Under this doctrine of "Right by birth", as and when a child is born to any of the coparceners of the family the child automatically gets a share in such property.
T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
Yes that is correct that I don't have any right in my biological parents property. But this property Is an inherited property from my grandfather and is not self acquired by my biological parents. Where is my right as a grandson when I was born in a hindu family and I was given to adoption when I was 4. Can the adoption deed deprive me of my birth right into my ancestral property? 
You are absolutely right that your birth right in the property as a coparcener is fully protected in the ancestral properties.  Section 12(b) of HAMA, 1956 confirms this law.  You may see my previous answer in which I have given my opinion which is reproduced once again :
 The right by birth arises if there is ancestral property, i.e., property inherited from fore fathers and is held jointly by all the members of the family without partition. Under this doctrine of "Right by birth", as and when a child is born to any of the coparceners of the family the child automatically gets a share in such property.
Hope this answers your question properly.


T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
1. The property is not ancestral as your father succeeded to it and is alive. He is at liberty to alienate the property through will, gift or sale during his lifetime. You have no right therein during his lifetime. Furthermore, after adoption the adopted child ceases to have any share in the property of his biological parents as the legal relationship between him and his biological parents terminates on the execution of the adoption deed.

2. It is immaterial if the property of the biological parents is inherited, self acquired or ancestral. What is material is that you have no legal relationship with your biological parents now. 
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
Ask a Lawyer

Property Lawyers

T Kalaiselvan
Advocate, Vellore
14026 Answers
127 Consultations
5.0 on 5.0
Ajay Sethi
Advocate, Mumbai
23240 Answers
1219 Consultations
5.0 on 5.0
Ashish Davessar
Advocate, Jaipur
18102 Answers
448 Consultations
5.0 on 5.0
Krishna Kishore Ganguly
Advocate, Kolkata
12113 Answers
231 Consultations
5.0 on 5.0
Devajyoti Barman
Advocate, Kolkata
5207 Answers
54 Consultations
4.9 on 5.0
Rajgopalan Sripathi
Advocate, Hyderabad
868 Answers
43 Consultations
5.0 on 5.0
Atulay Nehra
Advocate, Noida
435 Answers
15 Consultations
4.7 on 5.0
Shivendra Pratap Singh
Advocate, Lucknow
2752 Answers
41 Consultations
4.9 on 5.0
Ajay N S
Advocate, Ernakulam
1915 Answers
19 Consultations
5.0 on 5.0
S J Mathew
Advocate, Mumbai
1950 Answers
65 Consultations
5.0 on 5.0