About adoption

Querist : Anonymous (Querist) 19 February 2023 This query is : Resolved
I was adopted by my adopted parents in 1963 when I was 6 months old .but no adoption deed is available.my biological father and my adopted father was real brothers. On my all documents my father name is my adopted father. In 1971 my sister born .can can I prove my adoption in the court.my adopted parents now died and my sister challenge my adoption in the court. She says he is not adopted .Is there any judgement please provide

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Quick Summary

This discussion addresses the challenge of proving legal adoption when no formal deed exists, particularly when a sibling disputes the adoption after the adoptive parents' passing. While a deed isn't always mandatory, evidence of customary rites and the long-standing treatment of the individual as adopted can be crucial. Relevant case law suggests that the act of giving and taking, along with the duration of being treated as adopted, can create a presumption of a valid adoption, even without formal registration.

kavksatyanarayana (Expert) 19 February 2023
You are the adoptive son. It is not necessary to execute an adoption deed or register. If it was done as per rites and customs, it is ok. If any of your relatives know that you were adopted, they can give evidence in court.

Dr J C Vashista (Expert) 20 February 2023
Adoption was incomplete, for which you cannot take legal benefits / advantage.

Advocate Bhartesh goyal (Expert) 23 February 2023
As per Supreme Court decision titled as Kamla Rani vs Ram Lalit Rai 2017( suppl ) Civil Court cases 001 (S.C ) , Formal ceremony of giving and taking is an essential ingredient for a valid adoption also long duration of time which a person is treates as adopted can't be ignored and by it self may in circumstances carry a presumption in favour of adoption.

P. Venu (Expert) 23 February 2023
Yes, there is a long catena of decisions that execution of adoption deed is not sine-qua-non for ascertaining the legality of the adoption.

Dr J C Vashista (Expert) 23 February 2023
Dear Sh. Bhartesh Goyal ji,
Thanks for correcting me.
Thanks and Regards

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