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property sharing between own son &adopted son

(Querist) 20 December 2010 This query is : Resolved 
respected sir

my father married my mother after his 1st wife died he has a son for 1st wife and he gave adoption for near relatives the said son is major at the time of adaption after that my mother also died and recently my father also died now me only remaining my father wrote a will on my name saying that he give awayhis son for adaption and who ever taken him for adaption gave entire property of their own and what ever the properties remaining on my fathers name should belongs to me now my step brother is fighting with me for the property pls advise me what to do does he elgible for my property pls help
adv. rajeev ( rajoo ) (Expert) 21 December 2010
Once your brother is given in adoption he will loose his rights over the properties of his zenetive father.
s.subramanian (Expert) 21 December 2010
He cannot claim any right over the properties in view of his adoption. However if he was given in adoption after the age of 15 years,the very adoption will be invalid and violative of the provisions of the Hindu Adoptions and Maintenance Act. Since you say that he was given in adoption when he was a major,this point has to be taken note of. If the adoption is invalid,then he has the right to challenge the will of your father. Otherwise you are safe.
Advocate Bhartesh goyal (Expert) 21 December 2010
If your brother was major when he was given in adoption,such adoption is invalid and against the provisions of The Hindu Adoption and Maintenance Act.In such a situation will can be challenged.
Y V Vishweshwar Rao (Expert) 21 December 2010
Adaption of a boy more than 15 year or major is valid by customary-law - (Recent SC Judgment in respect of AP Adoption ) , adoption given & taken and by Regd Deed or otherwise acted up on by both parents and boy , having acted as Adopted son - now can not retract that his adoption is invalid - these facts of the case to be considered - Customary law to be considered - all parties to adoption and their acts and acceptance of adoption to be considered - You above to contact Senior Civil Advocate on this issue to take a proper decision after discussing all the relevant factors/issues /points .
Kirti Kar Tripathi (Expert) 21 December 2010
The opinion of Mr. Rao is very clear and reasoned. The answer of this question is not so easy as we think. Entire circumstances and legal position has to be looked into. So please contact a senior lawyer and discuss the issue, thereafter take appropriate action.
M.Srinivasareddy (Querist) 12 January 2011
thankyou verymuch for ur valuble advices and i forget to mention some important things like when my brothers deed was registered when he was amjor but actually my brother went for adoption when he was 4 years old and both the parents signed the deed in sub registers office same thing is mentioned in the deed that the boy was given away at the age of 4years old at that time they did not registered the deed thats why they are registering the deed now (in1985) when my brother is 25 years old one more thing while registering the deed my brother did not signed on the deed paper only both the parents signed the deed papers in front of 2 witnesses in the sub registers office is my brothers signature necessary for valid adaption before i forget to mention all these things with mental tension one more thing he is using my fathers name as his father in some doucuments example in election card (voterslist as his father who ever taken him for adaption and in pan card as my fathers name as his fathers name with this he is threatining me to give some property please give me ur valuble advise once again and i apolige to bother you again

thankyou
M.Srinivasareddy
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Advocate. Arunagiri (Expert) 12 January 2011
The adoption is invalid.


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