Legal Question in Family Law in India

What are the right of adopted child. if his real parents given no will. what will happen in that case


Asked on 12/05/13, 10:22 pm

2 Answers from Attorneys

legally there is no difference between adopted and natural child so same rule of succession will apply.

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Answered on 12/05/13, 10:50 pm

As per the laws in India laid down related to the adoption of children, a child once adopted is considered to be a child of the adoptive family and all tied with his/her previous family cease to exist except with regard to prohibitions of marriage and property inherited by the child. Adopted children have the right to inherit property from their adoptive parents.

Also, the Bombay High Court has held that a child given away in adoption cannot claim any right in the property of his biological father. Once a child is given away in adoption, his rights to property of his biological father ceased to exist.

If the biological parents have not left any will in the name of the child, he is not entitled to inherit the property belonging to his biological parents.

He is entitled to the property of his adopted parents in the same capacity as a natural heir to the property of the adoptive parents would be. Section 12 and 13 of the Hindu Adoptions and Maintenance Act, 1956 provides for the effects of adoption. You should refer the same.

-Regards

Advocate Pooja

www.lawkonect.com

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Answered on 12/06/13, 10:54 pm


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