Evidence Act
prodip kar
(Querist) 24 February 2011
This query is : Resolved
After adoption of B (as son)C took birth .A the father of B &C at the eve of his last days executed a deed and gifted a portion of his total landed property to B. After the death of A C files a suit of declaration for cancellation of said gift deed. and also claimed that B is not the adopted son of A. There is no document in respect of adoption as adoption took place about 50 years back. But in the said deed of gift there is a sentence that "as your are my adopted son and as you have done allthe duties to me and as Iam satisfied with your activities I am giving you the under schedule properties as gift" .how this line can help me to prove the adoption.
Amit Minocha
(Expert) 25 February 2011
it is helpful line but there may also be other witnesses like neighbours, relatives, school records, election / ration card etc to prove the same.
Parveen Kr. Aggarwal
(Expert) 25 February 2011
The gift deed might have been registered and being a registered instrument it carries presumption under section 114 of the Indian Evidence Act, 1872. The recitals contained therein will certainly help you. However, the factum of adoption will have to be proved by other evidence.
R.venkatesh Naidu
(Expert) 25 February 2011
the words mentioned in the deed is enough for the property goes to B. And, A, the father has admitted that B is the adopted son. But, the attestors should be proved the deed. C must be prove if the deed has made under coercion, fraud, un due influnce.,
