Right of Adopted son
gholap somnath suryabhan
(Querist) 29 July 2015
This query is : Resolved
Respected sir, if adoption is valid and adopted mother was adnyan palak(A. Pa K.). my question is whether adopted mother has right to stand new heir without consulting adopted son after his maturity age? my second question is up to which age , adopted mother has right to take decision without consulting adopted son?
Waiting for reply.
dr. gholap
gholap somnath suryabhan
(Querist) 29 July 2015
Respected sir, actually my father was adpted when he was 7 years old. A adoption was registered as per hindu adoption and maintenence act 1956 and his adopted mother was adnyan palak(A. Pa K.) at that time. When my father was 23 years old adopted mother stood a new heir (as per old documents) hence the question arised. I dont know whether the documents were made by adopted mother or that heir.
Waiting for reply.
dr. gholap
Kumar Doab
(Expert) 29 July 2015
What exactly you mean from your post that:
"When my father was 23 years old adopted mother stood a new heir (as per old documents) hence the question arised. "
Do you mean that the mother produced documents of another adoption?
M/s. Y-not legal services
(Expert) 30 July 2015
What's the disputed property in your query sir? Further adoption can not revoke your father's right as a son.
But if the property is self acquired by his mother mean she can do anything as if her wish..
Sudhir Kumar, Advocate
(Expert) 30 July 2015
adoption cannot be revoked.
that does not mean that one cannot have his/her another legal heir despite having real/adopted child.
not understood what is mean by "adnyan palak(A. Pa K.)" in your vernacular language.
you have not indicated and to how many years back your father was 23 year old.
you have not indicated what property has gone to the legal heir.
YOU QUERY IS VAGUE. You are leaving things to imagination.
gholap somnath suryabhan
(Querist) 30 July 2015
Respected Sir,
I have some old documents regarding my fathers adoption. My father was adopted in 1946. Adoption was registered in sub-registers office with index. At the time of adoption, age of my father was 7 years. Hence, he was unknown about that. When he saw the documents regarding adoption, he shocked. In 1972 heir from adopted father's brothers daughters were stood as new heir and became owner of the property. My question is that can my father claim the right of heir? Because as per tenancy act, adoption could not cancelled in any how condition. Next, in 1972 my father was 33 years. Can his adopting mother has legal right of distribution of property or again to stand new heir? Waiting for reply.
Thank you
P. Venu
(Expert) 30 July 2015
Once adopted, your father cannot have any claim to any right in his original family.
Rajendra K Goyal
(Expert) 30 July 2015
Adopting mother can dispose off her self acquired property only during her life. Adopted son can claim his share from the ancestral property / property of his father if expired intestate.
consult local lawyer and show him all the documents.
Rajendra K Goyal
(Expert) 30 July 2015
Repeated query:
http://www.lawyersclubindia.com/experts/Regarding-Adoption-546406.asp#.VbnUqrOqqko
http://www.lawyersclubindia.com/experts/Valid-Adoption-546721.asp#.VZ5ecnqqqko
http://www.lawyersclubindia.com/experts/Adoption-1946-550246.asp#.VbnUsrOqqko
Sudhir Kumar, Advocate
(Expert) 30 July 2015
not understood what is mean by "adnyan palak(A. Pa K.)" in your vernacular language.
you are also not clear whether anyone attempted to cancell adoption or merel;y appointed a lega heir.
YOU QUERY IS VAGUE. You are leaving things to imagination.
anyway it is badly time barred case.
No Hope.
Kumar Doab
(Expert) 30 July 2015
Visit an able Lawyer dealing in family/civil matters in person and explain in person and show all docs on record in person and let your lawyer advise you on merits and remedies.
