Hi Guys,
I was a legal practitioner. One of my friends, Rashi got married 7 years back. They adopted a sweet little girl. However, recently she reached out to me as she wanted to take legal guidance on child inheritance law. She told me that she is getting a divorce and enquired, “can an adopted child claim inheritance?”
Get legal guidance from NoBroker regarding child inheritance lawI was a bit shocked to hear about her divorce. However, to answer her query, can a adopted child inherit? I responded that children—boys or girls—have a right to the father's ancestral property by birth, according to the Indian Succession Act, 1956, and the Indian Succession (Amendment) Act, 2005.
Through a written will, the parents can pass their self-acquired property to whoever they choose. However, the children, who are Class I heirs, get priority over other heirs if they pass away intestate, that is, without a will. In contrast, if the children are minors, they do own the property but are unable to administer it legally. To administer the property on behalf of the minor kid until the child is an adult, a legal guardian, or one chosen by the court, must file a petition in court.
Does an adopted child have inheritance rights in India?Children who are adopted are entitled to a percentage of their adoptive parents' wealth and share in their inheritance, just like biological children. Adopted children can therefore assert the same claim to property as biological children if the adoptive parent dies intestate. However, in accordance with the Hindu Adoptions and Maintenance Act of 1956, a child who has been adopted forfeits the ability to pursue a claim against the assets of either of his or her biological parents or the associated coparcenary assets. However, the child's biological parents have the option to willingly leave such property or a portion of it to the child.
I hope I am able to answer the query “can an adopted child claim inheritance?” I believe this helps:)
Read More:
Is property acquired through adoption, becomes self acquired property? Can an adopted daughter claim her share in the self acquired property of her adopted father?
Can An Adopted Child Claim Inheritance?
Swati
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2 Year
2022-11-21T20:44:54+00:00 2022-11-21T20:44:56+00:00Comment
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