adoption

jyothsna (Querist) 14 April 2009 This query is : Resolved
Dear sir,

i am a railway employee. i have two daughters. elder is married and having two children. she stays with us because her husband and in-laws are not good and she faced lots of problems with them. and younger is well educated and working in hyderabad. ten years back my wife's younger sister's daughter is suffering with heart disease and to get treatment for her we have adopted that child and took treatment in permbur hospital. only for getting treatment we have adopted her after operation every thing is fine and we all are in good relations. so i have neglected to cancel the adoption later on. now as my retirement is reaching nearer my sister-in-law is in a way to claim for the money. so please help me and show a way to me to help my children particularly my elder daughter who does not have any source for living.innocently i wanted to help my sister-in-law in turn she is planning to cheat me. hence, i request the learned members to show me a proper way to proceed in this regard. the adoption is registered in bantumilli village in krishna district andhra pradesh. and we are hindus.

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Y V Vishweshwar Rao (Expert) 14 April 2009

The Adoption should be valid according to family law/personal Law ?

The Religion particualrs are not mentioned

M. PIRAVI PERUMAL (Expert) 14 April 2009
For providing treatment purpose you have taken adoption ! ! A very innovative way to get free treatment ! ! It is simply misuse. Expecting the views of learned senior members.

Y V Vishweshwar Rao (Expert) 14 April 2009
perhaps these things appears to be not visualised at that time

A V Vishal (Expert) 15 April 2009
Suggest to write a will bequeathing the properties to whomsoever the testator wants and also nominate names of persons to receive pensionary and other benefits

Murali Krishna (Expert) 15 April 2009
1.The adoption is not valid. Already you have two daughters. Hence adopting another girl is against law (Hindu adoptions and maintenance Act, 1956).

2. No rights flow from an invalid action. Hence she cannot claim as your adopted daughter.

3. Registration of adoption deed does not make the adoption valid always. It is a rebuttable presumption under S.16 of the Act.
4. However, you have made a mistake of showing her as your adopted daughter to get undue benefit and it may attract disciplinary action against you.