Life

Can I claim property if I am a adopted son without papers?

Can I claim property if I am a adopted son without papers?

Depends if the were born prior to 1956, no adoption deed was required and hence we you can accordingly claim to be the 1st class legal heir. Otherwise, the father, cuisines as per Schedule 2 are entitled to succeed in the property.

Is an adopted child considered a blood relative?

Children adopted legally are considered heirs under next of kin laws, which make no distinction between biological and adopted relations. So if the deceased has an adopted child and a biological child, they are treated exactly the same.

Does an adopted child have inheritance rights in Pakistan?

Adopted children may enjoy the same rights as a biological child of an individual would, however, adopted children do not legally inherit from their guardian/foster parent unless a specific share of the property is gifted to the adopted child. Under this Act, a district court may issue guardianship orders of a child.

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Will adopted child have also the right to inherit in his biological father’s ancestral property?

Yes according to the landmark judgment given by the Supreme Court that any adpoted child have also the right to inherit in his father property, according to section 12(b) of Hindu Adoption and Maintenance Act, 1956.

Can illegitimate children be heirs under shariah law?

For example, under Shariah only legitimate relations can be heirs. So any illegitimate children cannot become heirs and are not eligible for a share in the estate. Similarly, any partnership other than a marriage between a man and a woman cannot be recognized as legitimate. Also, adopted children do not have a share under Shariah.

Who are the beneficiaries under the Shariah law?

Life partner, guardians, grandkids, kin, grandparents, uncles/aunties, nephews/nieces are considered as beneficiaries by the Shariah Law. The Shariah Law also imposes a few conditions on who can become an heir. As per the law, the following people cannot be an heir-:

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Can adopted children inherit from non-Muslims?

Adopted children are not included in inheritors. Non-Muslim relatives, such as non-Muslim parents or children are not part of the prescribed inheritors. This is a common problem when we are living in the West, where many Muslims have married into non-Muslim families. A Muslim cannot inherit from a non-Muslim either.

What are the inheritance laws in the UAE?

According to Article 17 (1) of the Civil Law, the inheritance will be regulated by the law of the deceased during the time of his death, whereas, Article 17 (5) of the Civil Law states that the UAE law will be applicable on non-Muslim expatriate wills regarding the property located in the country.