Rights of a Minor Adopted Child in his Fathers Property
Dear All Experts,
My query is regarding securing right of my nephew who is a minor , just 11 yrs old…..my sis expired in 2012 leaving behind her son ( Minor) and husband as legal heir of property purchased by them. My nephew is an adopted child. At the time of Adoption ,Myself and my nephew's uncle signed as his guardians. My brother in law has two properties , One which they both had purchased( My Sister and her Husband) and other which is of his mother in which my brother in law is one of the heir along with his Minor Son. However my brother is law is an alcoholic and he is into betting and other sorts of activities. Recently he has sold that property which they had purchased and was in joint name of ( My Sister and her Husband) for 60 lakhs...He does not give much importance to education of my nephew and neither does he intend to save his money from sold property for him..My self being a Uncle ( Mama and as a Guardian) trying fulfill my nephew's basic needs but that's not enough as my brother in law is now taking me for granted and neglecting my nephew due to that.he is of the opinion that his mother will transfer his own share from her property on my Nephew’s name and can enjoy this 60lakhs which pertains to him by not saving anything for his future. However My Brother in Law has Four siblings including him ( 2 Sisters and 2 Brothers) and all of them are claiming equal share in their mother's property which will get redeveloped soon. I feel that since my brother in law is an alcoholic, he might not get his share in this property which would impact my nephew. I want to secure all rights of my minor nephew in terms of his Share in his father’s property inherited to him and the money received by his father by selling that Flat. Require advise on same that how can i help my nephew in this situation and which Lawyer can help me in this case?
Thanks in advance.
Asked 2 years ago in Family Law from Mumbai, Maharashtra
1) on demise of sister her 50 per cent share in property would be inherited by adopted son and her husband
2) as far as property standing in name of brother in law is concerned adopted son has no share during lifetime of the father
3) further property inherited by BIL minor adopted son would not have any share during his father lifetime
4) similarly from sale proceeds received by father minor does not have any share
1. It is not clear if the adoption is in accordance with the law, but presuming that it is legally valid your nephew he is a heir to your deceased sister, as a corollary whereto he along with his adoptive father has succeeded to his deceased mother's share in the property that was registered jointly in her and her husband's favour.
2. In so far as your brother-in-law is concerned he is at liberty to alienate his self acquired property to anyone he desires during his lifetime. This, however, does not absolve him from his liability to provide maintenance to his son. As the next friend of your nephew you can file a case for maintenance on his behalf.
3. If your brother-in-law tries to alienate his deceased wife's share in the property then you can file a suit for injunction for and on behalf of your nephew.
First of all you have not stated that whether you are a legal guardian appointed by court to the minor child especially when the child's father is alive? or self appointed guardian?
Presuming yourself to be court appointed guardian, you can file a partition suit out of the property held jointly in his parents names, and not in any other properties of the adopted father for the adopted son as his right.
you should file a case before the district judge court for appointment of a guardian under the guardian and wards act. your brother in law is an alcoholic person so you can get his guardianship.
thereafter file a maintenance case on behalf of his and charge his father's property for his maintenance. secure monthly maintenance from his father's property. if his father wants to transfer any property you should get injunction order and take stay on transfer of property.