adopted son rights

Querist : Anonymous (Querist) 06 August 2015 This query is : Resolved
I m adopted son as per my adopted father he has done all legality.

I am only child no sibling my age is about 40 years and married having to child's. My adopted father will for me all property and everything.

Can anybody challenge the will.
Some neighbour who knows that saying after your father they claim for property.

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Querist : Anonymous (Querist) 06 August 2015
Adopted only child no siblings rights

Kumar Doab (Expert) 06 August 2015
Anonymous query.

Sudhir Kumar, Advocate (Expert) 07 August 2015
anonymous.

You have also not stated any problem.

SAINATH DEVALLA (Expert) 08 August 2015
Come out with the true facts my boy?

Guest (Expert) 08 August 2015
Being anonymous, although you don't deserve any advice, but still I can say, adopted or real son, there is no difference for the purpose of will, if made even in favour of a third person.

So far as challenging the will, nobody can restrain anyone from challenging the will on merits. The only thing is how to prove the will to be valid or invalid depends upon the solid evidence produced in the court of law in favour or against the will on challenge.

Rajendra K Goyal (Expert) 08 August 2015
No reply to anonymous query.

Dr J C Vashista (Expert) 09 August 2015
Sorry Mr. Anonymous.
Consult a local lawyer on payment of consultancy charges.

alexander (Expert) 10 August 2015
1. It is presumed that you are of HINDU religion.
2. Does your adoption conform to the requirements of the HINDU ADOPTION AND MAINTENANCE ACT 1956 - some of the conditions of the Act are that the child offered for adoption is below 15 years of age, He should not havre been given in adoption earlier. His parents should have the capacity to give the child in adoption and the father has the concurrence of the wife (if living) to give the child for adoption

#. Similarly the Party taking you in adoption should have the capacity to take you in adoption.

5. about 25 years ago an adoption ceremony was required to be held in which the Parents of the child handed over the child to the adopted parents.

6. To day the thing that counts that there should have been a voluntary handing over the child by his biological parents to the adoptive parents. The transaction should be clean of giving money to the original parents

6..The Adoption should be registered in the presence of the Registrar / magistrate and you should be having that adoption certificate.

. The mutation of the Will would be required if this is challenged by a third party. Otherwise in Delhi no mutation of the Will is required, yet it is considered advisable to get the mutation done particularly if the Will is not registered.

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