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propert dispute

AnonymousLLB 24 Dec 2013, 21:48

I have one elder brother passed ag 18. But when he was 6 year old my parents donated my brother to nani as dattak putra. After death of nani ji my brother is owner of her property. Other hand my father expired and as i m also adult, the property has been transferred to me. But he is also demanding half property of my father from me.

Is this legally. Can the person who has become dattak putra can claim in his birth given parents property.

1 Reply

Rutumbhara.Advocate 8 Jan 2014, 12:08

The issue raised is whether after adoption the adopted person will still have right to enjoy the property of his natural father. The answer to this is no but, if the adopted person (he or she) had any property vested in him prior to the date of adoption then that right survives the adoption i.e., he will continue to have that right even after adoption. For example- Right by birth in the Hindu undivided family property of natural father. Reference proviso (b) to Sec.12 of the Hindu Adoption and Maintenance Act, 1956 -Section 12 of the Hindu Adoption and Maintenance Act, 1956-. Effects of adoption.-An adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of the adoption and from such date all the ties of the child in the family of his or her birth shall be deemed to be served replaced by those created by the adoption in the adoptive family: Provided that-(b) any property which vested in the adopted child be before the adoption shall continue to vest in such person subject to the obligations, if any, attaching to the ownership of such property, including the obligation to maintain relatives in the family of his or her birth.(c) the adopted child shall not divest any person of any estate which vested in him or her before the adoption. The right by birth arises if there is ancestral property, i.e., property inherited from fore fathers and is held jointly by all the members of the family without partition. Under this doctrine of “Right by birth”, as and when a child is born to any of the coparceners of the family the child automatically gets a share in such property.So in this case I suggest you contact a good lawyer who will be able to handle your complaint competently and effectively. I would suggest you to consult an expert in this regard. […]