Hindu adoption act
ketan maniar
(Querist) 16 April 2014
This query is : Resolved
My mother was adopted by her father's sister family way back in 1940 when she was 2 month old.Her adopted parents brought her up, educated her got her married and after their death willed their entire property to my mother children I.e us.
After 22 years of my grandfathers death who died later than my grandmother, my grandfather's brother family have staked claim on our grandparents property.
My grandfather died in our house, we cremated him all last rites were conducted by us etc.
Now my grandfather brother's family have sent out notice to us saying , they took care of my grandfather etc and they are right full owner of all his properties. . we have not adoption papers , adoption took place in 1940 before the act came into force.how do we counter such a claim after 22 years of my grandfather passing away.
R.V.RAO
(Expert) 17 April 2014
when the property was passed on to you by a will ( whether the will was regd.or unregd. makes no diff.),remember nobody can question the same,provided,
1.) whatever was passed on to you by will was the self acquired property of the person who authored the will, and
2.)the will was made by the author of the will in sound mind, not under force /coercion ,and witnessed by 2 witnesses.
the adoption issue and somebody taking care of somebody do not matter in any way nor such issues affect your rights in any way.
still if , any unauthorised claims are made by any body , you may challenge the same in a court of law.first send a legal reply to the notice through your advocate.
Sudhir Kumar, Advocate
(Expert) 17 April 2014
the case is slightly tricky and you have to meet a lawyer with papers.
Hindu Guardians and Wards Act came in 1956.
per-se brother and sister cannot adopt child of each other. You cannot adopt a child of a person whom you cannot marry.
Sudhir Kumar, Advocate
(Expert) 17 April 2014
P.S.
Notwithstanding the illegality or legality of adoption. Apparently the challenge is time barred.
Dr J C Vashista
(Expert) 17 April 2014
1. After adoption, the adopted child gets share in adoptive parents property and forgoes his/her share in his/her natural parents. Accordingly your mother inherited her parents (adoptive) property and the same (property) shall devolve upon the person as per her will/testament.
2. The property of your grandparents shall devolve upon your father and his brother/sisters.
3. Engage/consult local lawyer
ketan maniar
(Querist) 17 April 2014
Dear sirs,
Thanks , if this case is time barred, can we get past references judgement to this effect to strenght our case.
ajay sethi
(Expert) 17 April 2014
for judgements visit indian kanoon website
Rajendra K Goyal
(Expert) 17 April 2014
Consult a local lawyer and show him all the documents.
malipeddi jaggarao
(Expert) 17 April 2014
Adaption is not a question here as the property devolved on you people by a Will and it is self-acquired property of the donor, adaption and bringing-up will not stand good.
T. Kalaiselvan, Advocate
(Expert) 17 April 2014
Once the property was bequeathed to somebody by the person who have title to the property through a Will and the same has been acted upon by the beneficiary on the demise of the testator, the transfer is complete and a third person cannot stake a claim especially at this very belated stage. If they have filed the partition suit, or any other suit let them do it, you can challenge it appropriately.
