Legal Question in Family Law in India
Sita has three children. She separates from her husband and remarries another person. Sita's first husband also remarries. Sita and her second husband adopt a girl child through an Agreement made through Notary. Subsequently, Sita's first husband dies and so does her second husband. As Sita's second husband dies intestate, she and her adopted daughter inherit his house with 50% share each. Now if Sita were also to die intestate, will her 50% share automatically go to her adopted girl or will her other children from the first marriage also have a legal claim on it? Can Sita leave the 50% share of her property to her children from the first marriage, thorugh a will? Or will such a will be treated as invalid?
2 Answers from Attorneys
adoption through notary is not valid. moreover, second husband is step father so he cannot adopt. regarding 50% share of mother, as the property is in her name and she is the absolute owner, she may bequeath the same to any one, including her former children.
i agree with Adv Gupta
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