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Justin Antony   20 April 2019

Adoption of child in Christianity reg.

Dear Experts,

Greetings. please guide me to get relief. My Auntie (my father's elders sister)married and not live with him at earlier due to misunderstanding and not got divorce. she was worked as a teacher in a management school. After she came from her husband she Adopted my sister from my parents without any written documents, due to the relationship between she and my parents. But She mentioned my sister as Adopted daughter in her official records. After Auntie's death, my sister got legal hire certificate from the lower court and she claimed the money from auntie's bank account by the way of submitted by the certificate.

ISSUES :
1). During her life time she executed a will on her property in favour of me, my sister (adopted daughter) and her other Brother's daughter.

2). four months before her death, the third beneficiary Forceed to execute a new will in favour of her only and cancelled the previous will. during this execution she was not in good mental condition.

3) The 2 individual problematic WILL case came in front of the lower court as connect case, after 8 years the court dismissed the 3rd beneficiary case due to not proved the Will. so she went to appeal in district court. at the same time the other side/my side case disposed without finding... it means uncleared judgement. Remedy not mentioned in the judgement. so we can't go to file an EP. and can't recover the possession in the B shedule.

My query :

1). can my auntie right to execute the will after adoption? (if she earned herself).

2). can my sister claim the absolute property by the way of adopted daughter's rights?

3). what rights to the adopted daughter ?

Warm Regards
Justin A.


Learning

 2 Replies

Shashi Dhara   20 April 2019

Christian law doesn't recognises adoption but she has made will .the last. Genuine will will be executed.ur sister has to prove the will genuiness and has to take possession of property.

P. Venu (Advocate)     27 April 2019

What do you mean by "uncleared judgment".

 


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