Adoption,will

This query is : Resolved 
 

Online (Querist)
07 December 2008

Can a person adopt two different Gender children?...Can adoption once taken can be, deniable *(Female Child)?...Can the School record, be acceptable to court in the absence of "ADOPTION DEED Etc."?...Can a person Will his Inherited property( Got to him by virtue of his Marriage in to the FAMILY)to His Adopted Child, Male in the Case? What are the options left to Female, in this case?


Adv.Shine Thomas (Expert)
08 December 2008

Yes,a person can adopt two different gender children in accordence with the conditions contained in sec.11 of the Hindu Adoptions & maintenance Act

Rathnakar P VOnline (Querist)
08 December 2008

Medam,...Thank you.But, Only part of my QUESTION is Answered; I request the FORUM members to kindly Give me the Solution to total PROBLEM.

G. ARAVINTHANOnline (Expert)
08 December 2008

A person can adopt two genders of Children.

But if a male is willing to adopt a female child there must be a difference of 21 years between them

Like wise, if a female is willing to adopt a male child there must be a difference of 21 years between them

Adv.Shine Thomas (Expert)
08 December 2008

No adoption which has been validly made can be cancelled by the adoptive father or mother or any other person,nor can the adopted child renounce his or her status as such and return to the family of his or her birth.(sec.15 of HA&MAct)

Rathnakar P VOnline (Querist)
08 December 2008

Thank you very much. Can the School Record is use full,In the absence of ADOPTION DEED?... Can adopted father WILL the INHERITED(Property got to him by virtue of His marriage, in to the Family.i.e.from his mother in law side, A widower)property to Male child and to his Grand sons( SON'S SONS)?.... What option The Female child have,(?) to Fight for HER rights(?)?

G. ARAVINTHANOnline (Expert)
08 December 2008

Yes records in school is a clear evidence for adoption. Will can be made in favour of adopted son.

Rathnakar P VOnline (Querist)
09 December 2008

Sir, Thank you very much.....After posting the above Question it is found, in a Document * (School record), where the Male child adopted don't fulfill the S.10(C)&(D) conditions of the Adoption act.i.e.As per his School records,His Father name is shown is not of Adopted father but his Biological father( And his age is more than 15 yrs.at that time).And further he is Married at the time( They have Prepared a Adoption deed in the year 1971, Citing the DATTA HOMAM taken place in the year 1955). But his School record of 1964( His date of birth is Dec'1946, and he got married in the year May 1964) says, on that date still he is son of BIOLOGICAL father.Could any one, Kindly tell me the Effect of this Record on ADOPTED MALE CHILD? And How it is Going to help ADOPTED FEMALE CHILD?

Rathnakar P VOnline (Querist)
13 December 2008

Sir, I am at loss to understand that i could not find a FRIEND/Guide, in such an Enlightened FORUM, who could find or give a solution to the above problem!

PALNITKAR V.V. (Expert)
15 December 2008

The fact is that you are not clear and precise about your problem. Please state the facts with precision so that the members can understand clearly and would be in a position to give proper solution.

Rathnakar P VOnline (Querist)
19 December 2008

So, I have reached dead end?

Some one would kindly go through my question and Answer me Please?

anantha krishna n.v. Advocate (Expert)
20 December 2008

dear rathnakar,

Adoption deed referred to by you appears a created one. The date of execution also assumes importance in relation to the date of death, health condition of adoptive father at the time of writing the will and its date.... well you are aware that the quantum of proof required as low when compared to criminal law. Probabilities can tilt the balance.

As I can understand, your main problem is with the daughter's right in adoptive father's property and that she is denied thereof.

In this case, if the father got the said property from him motherinlaw by way of gift, settlement or will, the property is a self acquired property in his hands and he can do whatever he wants to do, including giving it away to the whole world.
If he acquired other than through a document, by INHERITANCE, as you said, then the property is an ancestral property.
Daughhter's rights are safe within the framework of law of inheritance.

regards

Rathnakar P VOnline (Querist)
21 December 2008

Anantha Krishna garu,

Thank you very much,For your kind timely reply.


Sir,is it possible to have your contact details like:Email Id and Cell No. etc.?


My Email Id: rathnakarpv@gmail.com

Hiralal Das (Expert)
05 April 2009

Thanks all of you.

Sachin Bhatia (Expert)
08 October 2009

Yes a person can adopt two genders of Children. Yes school records is a clear evidence for adoption. Will can be made in favour of adopted son.

Sachin Bhatia (Expert)
08 October 2009

A single female or a married couple can adopt a child.

Raj Kumar MakkadOnline (Expert)
12 October 2009

Agreed with anatha Krishna.

Gulshan TanwarOnline (Expert)
01 May 2010




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