Suit for partition..
Suresh Babu Rai
(Querist) 27 August 2013
This query is : Resolved
Respected Members!
My client was taken in adoption when he was six months baby in the year 1980. The giving and taking of adoprion was taken palce according to the caste and coustom prevalining in their community. Dispite of all cermonies, no document in respct of adoption was reduced in to writing. My client was brought up with his adoptive parents and continued as the son of his adoptive parents in the school, college, pass-port, voter-list, driving licence and other concerned records. Sub sequently the adoptive father of my cleint died leaving his wife and my clinet as his first calss legal heirs to his movable and movable properties. Now the adoptive mother of my client denying the share in the properties left by the deceased adoptive father of my clinet. I have filed a suit for partiton against the adoptive mother. The Court has taken an objection to file the deed of adoption if any, even after filing the above stated docuemtns to tshow that my cleint is adopted son. In fact no such deed was reduced in to writing except the performing of cermonies at the time of adoption of my client in the yea 1980. Is it mandatory to get the adoption in to writing/registered or is it optional ? How can I resubmit the suit satisfying the court or complying the objection taken by the court.
Thank you one and all!
ajay sethi
(Expert) 27 August 2013
deed of adoption is necessary . it would prove beyond doubt that your client was adopted .
Raj Kumar Makkad
(Expert) 27 August 2013
Deed of adoption if not prepared at the time of adoption, cannot be got prepared now so the adoption is required to be proved by way of oral and circumstantial evidence.
