The process of child adoption is rapidly increasing in every corner of the world. This great process of providing a deserving life to a child who is without family is highly-appreciable. If you’ve adopted a child and concerned about the share of a property from his/her biological father then this blog is for you as in this blog we have provided the detailed answer for “Is Adopted Child Eligible to Claim Right in Biological Father’s Property?” So you must read carefully.
Then ruling Justice Mridula Bhatkar of Bombay High Court observed through a similar case that once a child is given away in the process of adoption, his/her rights to property of his biological father automatically terminates. As the Hindu Adoptions and Maintenance Act, 1956 says that after the adoption, the child loses all the rights of being a son or a daughter of his/her biological father and family.
Exceptions to the Rule
It is to be noted that an adopted child cannot claim a share in the property of the adoptive parent if the adoptive parent is a disqualified heir in parent’s property. What does the law say about disqualification? The law declares that any person shall not be disqualified from succeeding the rights of property share on the grounds of deformity, defect, and disease. So even if a person is physically unfit then also he/she is eligible for the rights in property share.
The Way to Claim Right in Biological Father’s Property by an Adopted Child
As discussed above that according to the law, the adopted child becomes undeserving of the legal properties of the biological parents after he has been adopted by the adoptive parents, but if the biological parents want to gift the child with their property then that can be done as a personal favor that doesn’t fall under the legal terms. Also, after the adoption in India, the adoptive child becomes legally qualified to claim rights in the property of the adoptive father.
So if you’re planning to adopt a child or you’re an adoptive parent already then you have to take into the consideration the above-mentioned information. It is recommended that before you take any step in the process of child adoption, you must consult a child adoption attorney and talk to him about everything in detail or you may call +91-9213782334 for expert advice by a leading child adoption attorney in India.
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