What are the rights of a child on his grandparent's property


Actually, my brother was died 30 years ago. At that time, he was married and his wife was left with a son. However, she remarried and that guy adopted her son. Now my question is, now is he liable to have a claim on the property. That property is in my parents name, parents are no more.

Answers (5)


188 votes

Your brother died 30 years ago, at that time your brother had a wife and son. So at the time death of your brother his wife had the right in his husband's property and her had rights in your parent's property. But after remarry legal adoption all previous rights terminated and new one are created. For any more quary pl send on email the details and documents on which you want to rely.
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133 votes

yes as per the Indian Succession act the child of your dead brother will have the right of one whole share of what your dead brother would have inherited in the property of your parents(his paternal grandparents)

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128 votes

As per Hindu adoption and maintenance act a child has a right in his or her grandparents property even if that child will be adopted by some other person but there is a way to protect the property from giving to him.

313 votes

As the son has been adopted, he loses all his rights to claim anything in the property of his biological father. The only way he could get any share in the property was if his biological father would have given it to him by way of will/gift, which is not the present case.
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63 votes

Well, he can contest/claim the property as it is an ancestral property for him. His right does not extinguishes even he is adopted by someone else. Since your brother still in law remains his natural father (Class I heir) and therefore he can make a claim but it is contestable. Your brother's wife lost her claim on the property as soon as she remarried. It will also depend whether it was your parents self acquired property and whether they had executed any will with respect to the said property.

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