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Cancellation of Adoption Deed - Can it be challenged (Civil Law)

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This query is : Resolved


Author : Anonymous

Posted On 08 March 2011 at 02:31

Hello Everyone,

I was given in Adoption by my parents to my maternal grandparents at my age of 10.But i continued to live with my natural parents.
Recently (24 years after the adoption took place) i decided to challenge the validity of the adoption . My lawyer highlighted the fact that i was living with my original parents and not with the adopted parents.

The judgement came out in my favor and the original adoption deed was declared null and void.

My question is , if anyone can challenge or contest the cancellation of the adoption deed. If it can be challenged who can challenge it?. Can my brother or his in laws from my original parents challenge the cancellation of adoption deed ?.

Thanks





Expert : adv. rajeev ( rajoo )

Posted On 08 March 2011 at 06:46

Only person who has given an adoption and who has adopted and a person gone in adoption can challenge the adoption but not other persons.



Author : Anonymous

Posted On 08 March 2011 at 08:12

Thank you Mr.Rajeev. Just a further clarification on your reply. This is what i can make out from this reply.

1.An "Adoption Deed" can be challenged by the person who has given an adoption and who has adopted and a person gone in adoption.

2.Now that "The Adoption Deed" has been cancelled and declared null and void.Does the same applies to the "Cancellation of Adoption Deed" as well.

An "Cancellation of Adoption Deed" decree can be challenged by the person who has given an adoption and who has adopted and a person gone in adoption.

Is my inference correct for both "Adoption Deed" and "Cancellation of Adoption Deed" ?.

Thanks for your reply .. it was very helpfull



Author : Anonymous

Posted On 10 March 2011 at 22:16

Further doubts with the Cancellation of Adoption deed.

We are 2 brothers and we have equal share in our fathers property.Because of the original Adoption deed, i lost my share in my fathers property and my brother would get the full share by default.

Now I have challenged the adoption deed and got it cancelled. In this scenario , my brother appears to be a person who is affected by this judgement, because he is loosing the full share and is forced to share 50 % of the property with me, because of this "Cancellation of Adoption Deed"

I am totally confused with the above scenario where there appears to be a person affected by the judgement. Can my brother who is the person affected by the judgement challenge the "Cancellation of Adoption deed".

Please help me with your expert opinion. Thank you


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