1. Is an adopted child - A legal Heir??

A CHILD WENT OUT OF THE FAMILY AS ADOPTION TO ANOTHER FAMILY ? IS HE ELIGIBLE TO HAVE A SHARE IN THE INTESTATE PROPERTY OF THE ORIGINAL PARENTS ( NOT HIS ADOPTED PARENTS), the parents died intestate, now the adopted child is a grown 44 year old person who is claiming a share in the joint family property of his original parents, he is also enjoying the property of his adopted parents.

the crux of the issue is that the adopted person has filed a case on the persons who bought a jointly held land from his original brothers, is he capable of getting a share in the land sale proceeds

As your name suggest you are Hindu by religion & talks about a Hindu family & Hindu person in adoption. To understand the legal issue involved in this case first lets see what section 12 of The Hindu Adoptions and Maintenance Act, 1956 provides: - Effects of adoption.- An adopted child shall be deemed to be the child of has 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-

(a) the child cannot marry any person whom he or she could not have married if he or she had continued in the family of his or her birth.

(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.

Proviso (b) above talks of the property vested in the adopted child before the adoption, what all these property vested in the adopted child is only such property or share in such property which is Hindu Ancestral Property where he became Coparcener by virtue of his birth,& as I have been telling in my other replies to qualify the criteria of being a Hindu Ancestral Property such property should have been brought & held by the great grand father, passed down from him to the grand father, father & the present generation son in other words the property should be four generation old from the time of its origin in the family to qualify the definition of Hindu Ancestral Property. If in your case this property was so old as I have discussed above then this Adopted child too has a share in this property by virtue of his birth as a Coparcener in the Hindu joint family although given in adoption to another person, otherwise if the property was only the self acquired property of his original parents who died intestate he has no legal right after his adoption by his adoptive parents.

No. If he was legally adopted he is legally no longer a relative of his birth family. He has no case and is probably hoping you will offer him money to go away. He has no legal claim to any of his birth parent's estate. if, however there had been a will that left him property that would be a different story.

He is not an heir. No court will find that he is. Case law is very clear about this.

If parental rights were terminated and the adoption was legally finalized, then no...his adopted parents are his only legal parents. If for some reason all of the paper work was not completed or finalized, then he does have a case. You'll have to go back into family legal documents to determine the truth since mistakes could have been made and documents overlooked.

Yes. Only after this right he will get kiran in life.

Were thers a will theres a way

he has a right to get a share only from his adopted parents