What are the inheritance rights of an adopted child in case of ancestral property?


According to the Hindu Succession Act, 1956, the term ÕsonÕ does not have any proper definition. Hence the adopted child enjoys as much right over the property of father as the biological child. If a person dies without leaving a will behind, the property can be inherited by the heirs equally.

As per Section 12 of the Hindu Adoption and Maintenance Act, 1956, a legally adopted child is 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 all the ties of the child in the family of his or her birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family, from the date of adoption.

The adopted child has the right to claim his right in the property just as the biological child would. The adoptive child can claim their stakes on their adoptive parentÕs property.
The adoptive parents can also claim their rights on the adoptive childÕs property as well. That is they are entitled to inherit from their adopted child. If the child was legally adopted by the parents, he would also be considered to be a Class 1 heir and would be entitled to a share in your fatherÕs property.

Reference: Section 12 of the Hindu Adoption and Maintenance Act, 1956

Hindu Succession Act, 1956



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