Legal Question in Real Estate Law in India
Sir,
I adopted a girl child of my brother-in-law after he and his wife died. The girl was only 8 years old at that time and now she is 22 years of age. I and my wife become a legal guardian of girl through court.
Now, we want to get her married but she had some ancestral property on her father name which automatically becomes her after her parents death (only child of deceased parents). This property is a combined property of her father's and his brothers. We too heard that they (her fathers brother) sold some portion of the property too ...
Now, my question is whether we have the right on her property (if she willing to sign saying that my guardian provides me good education after my parents death and take care of me very well so on and so forth) once we get her married.
Please reply.....
Regards
Mohit Singla
3 Answers from Attorneys
an adopted child can claim the property of either biological parents or adoptive parents. in the present situation, she can stake her claim over the property/share of her deceased parents.
Mr. Singla: She is entitled to use and dispose of her property as per her own wishes. However, a transfer in your name may be tainted and her other relatives can challenge.
Even otherwise, your taking of her and providing a good education, etc. etc., is not a valid ground for her to transfer any property in your name. What ever you did for her was for your own child and not out of any gratitude as you had adopted her as your own daughter and had enjoyed a loving relationship of parent-daughter.
She may gift her share in the property to you.
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