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Can i claim share in biological father's property
30-Oct-2023 (In Property Law)
As my legal father(i.e my dad) and my biological father (i.e my uncle) are different and i was born out of the relation of my mother with my uncle. So now after the death of my legal father can i claim my right on his property and by dna test can i prove in court that my uncle is my real father. And by proving that my uncle is my real father as my mother wont accept it due to social stigma will it hamper my claim on my legal fathers property. Please provide me ur legal advice.
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. The only exception where an adopted child is not entitled to the full rights of a biological child in the adoptive family were if he/she was adopted by a disqualified heir.
The child is entitled to inherit from his adoptive father and other lineal descendants, like a biological heir. At the same time, the adoptive father and his relations too are entitled to inherit from the adopted boy. A child can only be adopted if he/she is Hindu, not previously adopted, unmarried and has not turned fifteen yet.
The property rights of an adopted son/daughter are limited only to inherit the property of his/her adoptive parents. But, at the same time, if the natural parents want to give their property to their natural child, they may do it by way of gift or will.
Thus, it can be inferred that for all intents and purposes, the adopted child is treated like a biological child into the family into which he/she has been adopted and is considered the descendant of the family.
The child is entitled to inherit from his adoptive father and other lineal descendants, like a biological heir. At the same time, the adoptive father and his relations too are entitled to inherit from the adopted boy. A child can only be adopted if he/she is Hindu, not previously adopted, unmarried and has not turned fifteen yet.
The property rights of an adopted son/daughter are limited only to inherit the property of his/her adoptive parents. But, at the same time, if the natural parents want to give their property to their natural child, they may do it by way of gift or will.
Thus, it can be inferred that for all intents and purposes, the adopted child is treated like a biological child into the family into which he/she has been adopted and is considered the descendant of the family.
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Adv. Siddhant Sharma
Delhi | 500+ Answers
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yes you can claim of your legal father's property.your biological father is your uncle so can prove it by dna test that your uncle is your biological father.so there is two matter one is real father and other is biological father.first you mention in details .as par legal act you can claim your legal father's property and if you even prove that your uncle is your biological father than also can be possible.
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Adv. Ravi Mukeshbhai Parmar
Porbandar | 25+ Answers
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