Sir, my brother recently demised as In service Employee in central government.
He doesn't have any childrens in his own. but recently 6 months before (after confirmed severity of ill ness) his wife adapted one person(who is his wife sister only son).
Now my question is ....
is we have any right to challenging this adaptation.
Infact, we are 6 brothers and 2 sisters in my family and around 20-30 childrens are there all belongs to very very poor family holders. but with out our knowledge, my brother wife taken adapt in her sister son only.
1) Service pension going to his wife(Maternal family)
2)Service job going to his adapted son(Belongs to maternal family)
3) All death benfits going once again his wife maternal family(to maternal family only).
Finally, my question is can we challenge any of the above benfits which a are belongs to my brother....
After completion of death ceremony my brother his wife didn't communicate with us,, even we are trying to talked to her she put of her phone switched off..
Kindly give justice under humanitarian grounds and honorable court of law......
Thanks in advance ....
The child was adopted before the death of your brother. What all formality followed for such adoption has to be checked. The adoption of child has to be less than 15 years under the Hindu Adoption and Maintenance Act,1956. In your case you state that the adopted child has been offered the service job of the adopted father, how that is possible if the child was of age less than 15 years?
If the child adopted was already age of majority, unless there exists any custom or usage applicable to the parties which permits person who has completed the age of 15 years being taken in adoption, but this may not be the case here.
You should challenge the service offer made to the adopted child on the basis of unlawful adoption as well challenge the adoption in the court being done on the basis of infringement of provision section 10 the Hindu Adoption and Maintenance Act,1956.
