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Author Topic: Legal heir /successor Rights for a adopted daughter.  (Read 687 times)

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Offline Jramachandran

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Legal heir /successor Rights for a adopted daughter.
« on: June 24, 2017, 01:45:18 AM »
Dear Sir / Team,

I am aged 60 and wife aged 50, has one son & one daughter. We married 30 years before living together.

My wife was an adopted child.  But there is no record to show about her adoption except her fatherís name (adopted person) in school certificates.  Adopted father is died and has one son.

My wifeís real father (who is given her child for adoption) is alive and has 2 daughters and 3 sons. But no record to show that she is daughter of real father.

Both, the real father and adopted father (who died) have inheritance properties of Agriculture land and earned house properties.

Please clarify on the below points:

1.   Is my wife has rights as legal successor on both fatherís (real & adopted) properties?
2.   Is my wife has rights as successor on the properties of her adopted father (who has one son) to share with.
3.   Is my wife has rights as successor on the properties of her real father (has 5 childs-2 daughter + 3 sons) to share with.
4.   Can her real fatherís sons & daughters (5) share properties themselves without giving any share to my wife? (Reasoning that she is been given for adoption in the childhood).

What are the legal heir /successor right on both these parentís (Real & Adopted fathers) properties for my wife?

Kindly give your valuable suggestion and legal advice to her to claim respective property shares.

Thanks & regards

Offline Advocate M.Bhadra

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Re: Legal heir /successor Rights for a adopted daughter.
« Reply #1 on: June 25, 2017, 08:37:27 PM »
An adopted child who is adopted as per law has all the legal rights in respect of the fathers property as a natural child. There should be a valid adoption deed or one can show customary adoption .  The property will devolve as per law.

But according to Hindu Adoptions and Maintenance Act, 1956, after adoption, the adopted son/daughter lose all the rights of a son/daughter in their biological family, including the right to claim any share in the estate of the biological father or relations, or any stake in the coparcenary property.

M.Bhadra, advocate at Kolkata, 9836589246

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