adoption

Nagaraj (Querist) 30 September 2010 This query is : Resolved
A Father adopted a daughter and registered the deed, then he moved to court to cancel the said deed but doesn't succeed. This matter was settled b4 LOK ADALATH and it declared that both are the joint owners of the father's property. thereafter adopt Father executed an unregistered WILL in favor of xyz, after the death of Father, xyz filed a declaration suit. IS IT A VALID ACTION ? IS THAT WILL A VALID ONE ? what about the adopted daughter ?

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Kirti Kar Tripathi (Expert) 30 September 2010
In case, the father executed the will of his self acquired property, the will will be valid, otherwise not.

n.k.sarin (Expert) 30 September 2010
Mr.Nagraj in the above circumstances it is not a valid action.
if there is a will registered or unregistered,declaration will not lie.suit for probate lie on the basis of will,but it will be a weak case on the part of will holder. Adopted girl must contest the suit and I assure she will win.

s.subramanian (Expert) 30 September 2010
The action is valid. Once the Lok Adalat declares them as joint owners,they become equally entitled to the same. The father is at liberty to execute a will with regard to his share in that property.Even if he executed a will for the whole property it would be valid only to the extent of his share in it.However it is open to the daughter to dispute and challenge the truth and validity of the said will and try her chances.The non registration of the will is not a very string point to rely on.

Devajyoti Barman (Expert) 01 October 2010
After the compromise in lok adalat, the father becomes a co sharer in the property and hence he has got every right to execute Will in respect of the same but only in relation to his share only , not exceeding the same.