Adoption
raghavendra
(Querist) 11 April 2014
This query is : Resolved
sir,
1, i am a female born before 1956 , am i able to get equal share in ancestral property ?
2, and one of my sister is died leaving one unsound mind female, now she is aged about 31 years, can a file suit for partition as a guardian of unsound mind lady also
3, i dont have adoption certificate if i want to take adoption certificate, how should i take that , or affidavit itself is sufficient to file suit as a guardian
please advice me
thanking you
ROHIT SHARMA
(Expert) 11 April 2014
1. If there has been no family partition deed made before 20th Dec, 2004 then you as being the legal descendant are deemed as co-parcerner in such ancestral property as provided u/s 6 of the Hindu Succession Act, 1956.
2. Similarly the daughter of your deceased sister too has a similar legal right.
3. You can of course get a legal adoption ( if you are a Hindu by faith) of such unsound mind daughter of your deceased sister with the consent of her father and your husband ( provided that you have no daughter of your own) for which you need to draw out a affidavit of an 'Adoption Deed' entered into the in between the biological and the natural father of such female person and the adoptive parents ( i.e you) on a non judicial stamp paper and the same can be notarized and later registered with the sub-registrar under whose jurisdiction such adoptive daughter normally resides. This deed will be deemed as legal adoption and after that you can file a civil suit u/s 34 of the Specific Relief Act, 1963, seeking declaratory decree of your being the adoptive parents of such person and when you need to file a civil suit civil suit for partition and possession of such ancestral property u/order 20 rule 18 of the C.P.C. 1908 for partition and possession of your ancestral property you as adoptive parents can also become as the second plaintiff on behalf of such adopted person.
2. If you are having your own daughter then in that case the natural father of such daughter of your sister can become a plaintiff along with you while you file a civil suit for partition and possession of such ancestral property u/order 20 rule 18 of the C.P.C. 1908.
3. If need be talk to this lawyer or send e-mail with a condition that you will pay a notional token consultation fees to this lawyer and that would not be more than Rs. 500.00 which can be remitted into my bank account.
Adv. Rohit Sharma.
(B.Sc. L.L.B. L.L.M.)
(M) 0 9 8 2 4 0 4 7 9 7 1.
E-Mail : lawgate1349@gmail.com.
raghavendra
(Querist) 11 April 2014
thank you for valuable advice sir ,
but i have one daughter along with my daughter my deceased sister daughter is also with me she does not have her father nor mother so i am thinking to file suit for partition as i am plaintiff No.1 and deceased sister daughter as plaintiff No.2 ,
thanking you
Sudhir Kumar, Advocate
(Expert) 12 April 2014
first of all if you have a daughter you could never have adopted a daughter.
you want to protect interest of you niece with unsound mind and can apply to court for being appointed guardian.
Meet local lawyer.
Sudhir Kumar, Advocate
(Expert) 12 April 2014
Further the adoption could be possible if the child was below 15.
Dr J C Vashista
(Expert) 12 April 2014
I agree with the expert Mr. Sudhir Kumar.
Apply through local lawyer and get her guardianship
Rajendra K Goyal
(Expert) 12 April 2014
You can prey court to appoint you as guardian of your nice. Consult a local lawyer.
raghavendra
(Querist) 24 April 2014
kindly prove me few judgement regarding female born before 1956 is entitle to get equal share in ancestral property
thanking you
Dr J C Vashista
(Expert) 24 April 2014
Leave this part of query for your lawyer as judgments are not provided on this platform.
(Expert) 13 April 2014
