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Author Topic: Adopted son's rights on property from previous marriage  (Read 796 times)

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Offline Shruti

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Adopted son's rights on property from previous marriage
« on: November 27, 2013, 10:38:31 AM »
Sir/Madam,


Could you kindly explain if an adopted son can have property rights over his mother's ex-husband's property? My brother was adopted by my mother and my father (her second husband) after the death of her first husband. The first husband's property was partitioned between his siblings after his death and after his father (my mother's father in-law) death(1979). An year after the partition, my mother re-married and adopted my brother in 1987. No part was given to my mother's demised first husband and she did not claim the property either. Now, after her death, is there a possibility that my brother can claim a part in this property as he is one of the legal heirs left?

Thanks and regards,
Shruti
« Last Edit: November 27, 2013, 10:43:54 AM by Shruti »

Offline advjaya

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Re: Adopted son's rights on property from previous marriage
« Reply #1 on: November 27, 2013, 09:09:00 PM »
the adopted son is legally the son of the second husband not the first husband, hence he has no rights.

had his adopted mother transferred the property in her name or had taken the share in her name than the adopted son could have claimed
Madras High Court Advocate

Offline Shruti

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Re: Adopted son's rights on property from previous marriage
« Reply #2 on: November 29, 2013, 01:15:03 AM »
Thanks for the reply mam. However, she has not acquired the property prior to her second marriage. In fact, the property was almost 90 years old and was given to a joint venture in 2001. During that time my mother appealed to court for a share in the property. Could you kindly guide me if that was valid? As per your reply for another post by one Mr. Pathak, the ex-husband's lineage will have rights on that property. Does that mean that now after my mother's death, if she had to get a share, that will be distributed amongst her ex-husband's brother's/sister's families? Kindly reply.

 

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