T.P Act
Querist :
Anonymous
(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.
Guest
(Expert) 25 February 2011
the gift deed is valid. Also the gift deed stated that the B is the adopted son. The gift deed deemed to be a will of the father (A). Moreover he gifted the part of the property. So don't worry the suit is not maintainable and liable to be dismissed.
