Adoption,Inheritance,property
2 sons if one is given in valid adoption who has right over propery
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?
By  Swati Agrawal  |  13 Jul 2016  |  Upvotes: 0  | 

2 Answer(s)

Ravindra Purohit
Advocate

Both the son's have the right on your property according to section 12(b) of Hindu Adoption and Maintenance Act, 1956.

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Deepika Gill
Advocate

Yes according to the 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.

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