LawRato

2 sons if one is given in valid adoption who has right over propery


22-Dec-2023 (In Property Law)

A Hindu man inherits ancestral property from his father upon his death: a hectare of land along with a house. The man begets two sons: Ramesh and Suresh. Shortly after, Ramesh is given in valid adoption. The man has no surviving wife or mother. Now upon the death of the man, does Suresh get to be the sole successor to this property? Or, will he have to share it with Ramesh, who under proviso (b) of Section 12 of the Hindu Adoptions and Maintenance Act, 1956, can claim right of inheritance to such property, notwithstanding his adoption?

Answers (1)

Answer #1
708 votes
Dear Client, yes according to the latest landmark judgment given by the Supreme Court that any adpoted child have also the right to inherit in his father property, according to section 12(b) of Hindu adoption and maintenance Act, 1956.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."