Legal Question in Family Law in India
my daughter married to a boy whose father is re married after his mother's death eight years ago. The step mother is egoistic and self centered. She has no children and at 52 she cannot have children. The father owns a house. If the step mother adopts a child, what will happen to the property. The father however is not interested in adoption even though he is dancing to the tunes of his second wife. what will be legal status of the adopted child, if done.
4 Answers from Attorneys
let the two of them enjoy the property. your daughter and the husband should enjoy their life. They are young and can buy property in future. If the property is self acquired the father can bequeath or gift the property to her. if they adopt a child he would be entitled to a share in the property. but i doubt that if they will go for adoption at this age.
as per law, there is no difference between a natural and adoptive child provided the adoption is legal.
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. 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.
In your case, if a child is adopted, he shall be entitled to inherit the property of his adoptive father in the same capacity as a biological child would do. Therefore, in the absence of a will, the property of the person would be divided between his biological and adopted child.
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Advocate Pooja
www.lawkonect.com
If he adopts then property share will be divided (IF ancestral property) and his adopted son/daughter will also demand maintenance. But adoption is also not so easy.
u may contest for adoption. but better to let him choose what he do.
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