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What are the rights of an adopted son in fathers property
16-Jun-2023 (In Property Law)
I am adopted son. M hindu and love Christian girl, my family is not accepting. My father is no more. I want to know whether I can ask for my share in property or not. Should my family give me my share without any problem or if they refuse to give can I claim my share legally. What should I do in this case. I have no other place to live. My father has adopted me and now no one is there on whom I can depend. So will my share be given by my family or should I follow any legal steps to acquire my share. Please guide me. My father's will is also not shown to me yet. How to ask my family the will.
If you were legally adopted and there is a valid adoption deed in your possession, you have full rights to claim a share in your adopted father's property.
You can file a partition suit and can claim your legitimate share in it if they dont give you anything.
You can file a partition suit and can claim your legitimate share in it if they dont give you anything.
Helpful?
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Adv. T Kalaiselvan
Vellore | 400+ Answers
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As you are not biological child of your father it is advisable to go amicably with your family. Try to convince them.
As per hindu law a male can adopt a male child if he is of a Major by age and legally sound minded person. The consent of his wife is also necessary if he lives within the wedlock. A datta homam is a procedure that need to be followed during the time of adoption. Both the giver and the taker of the child must give full consent during the time of adoption. All these facts you need narrate and have to be prove before the court of law if you are agitating to the wishes of your family members.
Also the adoption does not deprive the right of the hindu father or mother to dispose of their property according to their will.
If your father has written any will. There are chances that your father may have given you a share in his self earned estates if any.
As the registration of will is optional there are chances that you may not come to your knowledge unless your family members shows a copy of it.
As per hindu law a male can adopt a male child if he is of a Major by age and legally sound minded person. The consent of his wife is also necessary if he lives within the wedlock. A datta homam is a procedure that need to be followed during the time of adoption. Both the giver and the taker of the child must give full consent during the time of adoption. All these facts you need narrate and have to be prove before the court of law if you are agitating to the wishes of your family members.
Also the adoption does not deprive the right of the hindu father or mother to dispose of their property according to their will.
If your father has written any will. There are chances that your father may have given you a share in his self earned estates if any.
As the registration of will is optional there are chances that you may not come to your knowledge unless your family members shows a copy of it.
Helpful?
24+
24+
Adv. GP Vijay
Chennai | 200+ Answers
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