Adaptation a child
bala
(Querist) 25 January 2012
This query is : Resolved
I am mani from tamilnadu ( india ). I am married but I devoiced my wife by court. We don’t have a child to before devoice. My wife married second time after devoice, but I did not get second marriage. Now my ex-wife has one child.
I have one brother and two elder sister( totally four members ) . Now I want to adaptation a child and make legal an heir to my own sister daughter. If I get a legal heir by adaptation child she/ he get a share of all property.
Question’s:
1. What is the procedure of getting a adaptation child to me ?
2. I have my grandfather property also, she/he ( adaptation child ) get this property ?
Thanks ,
Devajyoti Barman
(Expert) 25 January 2012
1. You have to sekk permission of the court.
2. The adopted child would be entitled to inherit his father like a biological or natural heir.
Shonee Kapoor
(Expert) 25 January 2012
Rightly guided by experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 25 January 2012
I differ with the already given advice qua sr. no. 1.
There is no need to get prior permission from court for the adoption of a child. You are free to adopt any child of your choice. It shall be better to get registered adoption deed.
prabhakar singh
(Expert) 26 January 2012
Your sisters' husband and your sister if agreed to give their child[daughter] in adoption to you then you can adopt for which no permission of any court or any body else is required.If you adopt by a registered deed, no ceremonials like 'dattak homa' or any 'karm kand' is required.It can take place in presence of witnesses where your sister and her husband hands over the child from their lap to your lap by uttering words they give their child to you here now she would be your daughter and you receive uttering words here now I adopt and accept her as my daughter as she were born to me and that is all legally over ,rest is ceremonial.
In UP registration is now must.Even where law does not require registration,one should get it registered as it would be valuable peace of evidence comparing any karm kand.
prabhakar singh
(Expert) 26 January 2012
Sections5
Adoption to be regulated by this Chapter
6
Requisites of a valid adoption
7
Capacity of male Hindu to take in adoption
8
Capacity of a female Hindu to take in adoption
9
Persons capable of giving in adoption
10
Persons who may adopted
11
Other conditions for a valid adoption
12
Effects of adoption
13
Right to adoptive parents to dispose of their properties
14
Determination of adoptive mother in certain cases
15
Valid adoption not to be cancelled
16
Presumption as to registered documents relating to adoption
17
Prohibition of certain payments
are relevant law of The Hindu Adoptions and Maintenance Act, 1956 in this regard to be taken care of.
R.RAJENDRAN
(Expert) 28 January 2012
Court permission is not required. You can adopt, by following the procedures as prescribed u/r the Hindu Adoption and Maintenance Act,1956
A. A. JOSE
(Expert) 28 January 2012
I agree with the experts that you can adopt by executing an adoption deed.
V R SHROFF
(Expert) 10 February 2012
Dear Bala,
Please note that the reeated queries will be ignored by the experts as the experts have collectively decided to avoid such queries.
This is the third time you are posting the same query in last 3 days or so.
you are asking queries after queries. are these all problems faced by you within few days??
V R SHROFF
(Expert) 10 February 2012
Dear Bala,
Deepak Nair told you"Please note that the reeated queries will be ignored by the experts as the experts have collectively decided to avoid such queries.
This is the third time you are posting the same query in last 3 days or so."
OI observed "you are asking queries after queries. are these all problems faced by you within few days?? ""