Adoption


Sir

I was Adoptive son, my adoptive parents is no more, my adoption  deed was registered when i was of 16 years but it is clearly mentioned on deed that adoption ws taken when i was 10 years.i.e 1990,my D.O.B.-08-04-1979   Adoption deed registored 1996 in tehsil,  i have one house in name of my adopted mother Patwari put an objection that wiil is regsitered when i was  16 years adoption can be taken up to only 12 years , he  is not doing intkal in my name of my adoptive mothers house please guide what to do??

 

 

 
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FIN

It is believed that all involved are Hindu.

Confirm!

 

 
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FIN

What is the said document in your hands: Adoption Deed or WILL (registered)?

 
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FIN

Go thru:

Hindu Adoption and Maintenance Act 1956

Sec;6,7,9,10,11

10: The child must be less than 15 yrs of age. However, if a custom to the contrary exists, such an adoption may take place.

 

Section 12 : an adopted child is deemed to be a natural child of his adopted parents for all purposes. All relations with the natural parents and family are severed and new relationships with the adopted parents are established. …………………………………the adopted child is not divested of his property that has vested in him before adoption and that an adopted child cannot divest anybody of his vested property after adoption.

 

http://tcw.nic.in/Acts/Hindu%20adoption%20and%20Maintenance%20Act.pdf

 

The contetion of Patwaarin that child should be max. 12 years old while adopted does not seem to be correct.

 
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FIN

Did adopted parents name was noted subsequently in records e.g; School Records, etc 

 
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FIN

It is not mandatory to register the adoption deed.

 

HEADNOTE:In  order that an adoption may be valid under the Hindu   Law

there must be a formal ceremony of giving and taking.

 

“there cannot be a valid adoption unless the adoptive boy is transferred from one family to another and that can be done only by the ceremony of giving and taking. “

 

“"The giving and receiving are absolutely necessary to the validity of an adoption. They are the operative part of the ceremony, being that part of it which transfers the boy from one family into another. But the Hindu Law does not require that there shall be any particular form so far as giving and acceptance are concerned. For a valid adoption, all that the law requires is that the natural father shall be asked by the adoptive parent to give his son in adoption, and that the boy shall be handed over and taken for this purpose." “

 

Supreme Court of India

Lakshman Singh Kothari vs Smt. Rup Kanwar

https://indiankanoon.org/doc/1008889/

 
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FIN

 

The adoption deed does mention that child was adopted on dated………………….hope you have your DOB certificate.

 

The biological parents, witnesses at the time of adoption: can depose that child was adopted when child was 10years old.

 
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FIN

You may respond to the points raised.

 

 
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My DOB is 08-04-1979 belongs to hindu family

i have no blood relation from my adoptive parents, she was widow ,  i was living with her last 25 years  house in himachal , but i am living in delhi , no body challanging for the property  it is  occupied by me only,till date i use to write in all my documents name of my natural  parents. in my deed it is clearly mentioned  adoption is taken as per hindu law , all asset & Liability of my mother after her death in mine will is duly registered & signed by tehsildar, please suggest  i am trying this all last six months

 

 
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