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Property right of adopted child

Querist : Anonymous (Querist) 23 August 2011 This query is : Resolved 
Dear Sir,

My mom uncle addopted a child now he is 50 and working abroad My mom uncle had a home now the addopted child of my mom uncle wants to sale the home did he can sale it to any one are he can sale to my mom please advise me
Guest (Expert) 23 August 2011
if it is self acquired uncle can sell the house to any body. if it is an ancestral the adopted has to sign.
n.k.sarin (Expert) 23 August 2011
first of all there must be a proof that he is a adopted child.Adoption can be proved by the registered adoption deed.The house which is belong to your uncle, the adopted son cannot sell whithout the permission of your uncle.After the death of your uncle he can sell it if other heirs has no objection
Advocate Rajkumarlaxman (Expert) 23 August 2011
are there any other heirs of your matrimonial uncle. all those will also have right over the property and you cannot sale without their consent. If your matrimonail iuncle is at aborad and alive you still cannot sell the property because he is still alive and may be in his name.
K.S.Srinivas (Expert) 23 August 2011
I agree with Mr.Sarin.
prabhakar singh (Expert) 23 August 2011
First of all "mom uncle" expression is unknown to me whether you mean 'uncle of your mother' or 'brother of your mother'

Any way when it comes to adoption,it appears to me from your statement that boy 'adopted'
is now aged 50 years,so he might not be under requirement to prove his adoption by a registered adoption deed,as law requiring registration in force some time from year1976-78.

But still he will have to prove adoption subject to law in force at the time of his adoption, if dispute to fact um of adoption is there.
The home /or house owned by "mom uncle"is now owned by adopted 50 years old person to the extent of right and share your "mom uncle "had during his life time.He(adopted) person can sell it to any one if the house exclusively belonged to your "mom uncle" but if your mother has also a share in that home then your mother has a right of preference to buy his share(of that adopted son of your mom uncle) on market price,on refusal your mother can enforce this right of purchase by asuit in civil court.
girish shringi (Expert) 27 August 2011
I am agree with Mr.Singh.
girish shringi (Expert) 27 August 2011
I am agree with Mr.Singh.


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