Response

According to Hindu Adoptions and Maintenance Act, 1956, after adoption, the adopted son or daughter lose all the rights of a son/daughter in their biological family, including the right to claim any share in the estate of the biological father or relations, or any stake in the coparcenary property.

An adopted child can only stake claim on their adoptive parentsÕ property. The child will be entitled to inherit from his adoptive father and other lineal descendants, such as a biological heir but he does not have any right in his biological family’s property and thus cannot claim a right in the property. The adoptive father and his relations, too, are entitled to inherit from the adopted son.

A biological father or mother may transfer any property to their son who is adopted by other family through gift deed or will but the son can never acquire property from his biological family through inheritance.
As per the Hindu law the son or daughter does not have any right in the property of his biological father once he or she have been formally and legally adopted by some other person.

Thus, in the present case, since Ramesh was given up for adoption, he will not have any claim in his biological father’s ancestral property and Suresh will be the sole successor to his father’s properties.

Reference: Hindu Adoptions and Maintenance Act, 1956

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LAWAYZ-2023-162