Adoption rule
abhinav
(Querist) 29 August 2017
This query is : Resolved
I have a query, my grandfather had 3 sons, 2nd and 3rd son has 2 -2 boys each, eldest son didnt had any child so he adopted eldest son of my 2 no uncle when he was 16 year old he adopted after my grandfathers' death now claiming to have 3 share in property however my grandfather before adoption made a will and named its all 4 grandsons, property mentioned under will do not have any record in government, i want to ask how to take our property share means according to will without sue them in court, also they are not ready for any negotiations other than 3 shares
Kumar Doab
(Expert) 29 August 2017
It is believed that you are all Hindu.
Confirm!
Kumar Doab
(Expert) 29 August 2017
Hindu Adoption and Maintenance Act 1956
Section 10: The child must be less than 15 yrs of age. However, if a custom to the contrary exists such an adoption may take place.
Section 12 : an adopted child is deemed to be a natural child of his adopted parents for all purposes.
All relations with the natural parents and family are severed and new relationships with the adopted
parents are established. …………………………………the adopted child is not divested of his
property that has vested in him before adoption and that an adopted child cannot divest anybody of
his vested property after adoption.
Section 13 : that subject to any ante-adoption agreement, the adoptive parents do not lose their right
of alienation of their property after adoption.
Section 15: a valid adoption cannot be canceled either by the adoptive father or mother. Neither can
the adopted child renounce the adoptive parents and go back to the family of his birth.
Kumar Doab
(Expert) 29 August 2017
Relate with proven/on record customs of your community to determine if adoption is valid or not.
Kumar Doab
(Expert) 29 August 2017
The property of grandfather was self acquired/ancestral/joint/HUF etc etc?
The adoptive father is alive?
Confirm!
Kumar Doab
(Expert) 29 August 2017
The owner of property can dispose his self acquired estate by valid WILL in his life time in anyone's favor.
Grandson has NO forced share in self acquired property of father/grandfather.
abhinav
(Querist) 29 August 2017
Adoptive parents are died and he is natural son of my 2 uncle, nature of property is unknown as claimed by my uncle its ancestral but we dont have any record in revenue estate regarding that property. However in the will it is written that its my ancestral property but as i heard an property will callend ancestral if its comming undivided upto 4th generation which is definately not the case because my grandfather has all the property registeres under his name except this one
abhinav
(Querist) 29 August 2017
We are all hindu
abhinav
(Querist) 29 August 2017
We are all hindu
Rajendra K Goyal
(Expert) 29 August 2017
You can get the property mutated in government records on the basis of will.
Kumar Doab
(Expert) 29 August 2017
Dear LCI Querist@ Mr. Abhinav,
You seem to have read about ancestral property at right forum and right message posted therein.
So the mere statement/declaration by testator that the property is self acquired/ancestral may not suffice.
It should stand the test of nature of ancestral property.
It is strange that there is NO record of property in revenue records.
You may try with concerned revenue official say; Patwaari and the officials may successfully recreate the record.
You may also try to get Mother document say; Shjra-e-Aks and take help to see how the property moved into various hands........subsequently.
You may succeed with your own efforts.
Kumar Doab
(Expert) 29 August 2017
Or approach a LOCAL very able senior counsel of unshakable repute and integrity specializing in revenue matters and having successful track record in handling such matters and determine the nature of property..
You seem to be hinting in your last post that the property bequeathed in WILL is his property that is stated as ancestral and whose record is not available.....
Kumar Doab
(Expert) 29 August 2017
Assuming that the nature of property is ancestral the testator can not dispose the share of other Co-parceners......
In case the WILL is valid and is duly acted upon without any cloud on WILL and property disposed is owned by testator, the beneficiaries get share as narrated in WILL........
Kumar Doab
(Expert) 30 August 2017
You have not responded on any custom on adoption in your community.
If adopted son is among the beneficiaries in WILL he has share as narrated in WILL.
