Urgent regarding adoption rule
Querist :
Anonymous
(Querist) 21 December 2011
This query is : Resolved
Before 9 years My dad was adopted by their uncle who has no son he has five daughter. They execute a will of adoption that time. That all assets of him will be transferred to my dad after their death. But now property values has been increased so they have decided to fired out my dad and they execute a will that all property of my fathers uncle will transferred to his daughters after his death.
My dad has incurring all expences of their living and medical. My dad also beared marige expenses of their one daughter. We constructed a House on their land. now my questions are....
1. If my dad's uncle are agree to transferr (to made registree in the name of my dad) his all property (All property is Immovable Land and Houses) then he acan transfer it ??? His daughter's signatures are required for it??? it his daughter's are not agree but my dad's uncle is agree then How can we register this property ????
2. If we make a adoption deed again then their daughter can challange our ownership after his (My dad's uncle) death?
Please advise me ???
Email - deepaksuthar12@yahoo.com
R.Ramachandran
(Expert) 21 December 2011
Dear Mr. Deepak S. Suthar,
Your Dad's uncle can do anything with his property.
If earlier your Dad's uncle said or in fact given a Will saying that all his properties will be transferred to your Dad after the Uncle's death, and if he now changed his mind and wants to give everything to his daughters, HE IS PERFECTLY WELL WITHIN HIS LEGAL RIGHTS TO DO SO.
Neither your Dad having spent any money on them, or expending money for the performance of the marriage of his uncle's daughter will be of any help.
If your Dad's Uncle decides to transfer and in fact actually transfers by a registered deed, any of his immovable property in favour of your DAD then his daughters cannot do anything. BUT till such time your Dad's uncle actually effects a Registered Deed in favour of your Dad, his daughters or others can continue to pressurise the Uncle not to give anything to your father.
Your father cannot be adopted by his uncle at this stage.
R.Ramachandran
(Expert) 21 December 2011
If your Dad had been legally adopted, i.e. if you have proof to show that he is the adopted son of his uncle, then in that case, after the death of the Uncle, your father will also be one of the legal heirs along with the daughters of the uncle, and he can get equal share in the properties left behind by the uncle.
Sudhir Kumar, Advocate
(Expert) 21 December 2011
While agreeingwith Mr Ramachandran I will say that if the property is self acquired still your dad will be excluded even if he is adopted son. Anyhow it was unethical step of dad's uncle to deprive his children of the property simply because they were females. May boys are very happy is their uncle has no son and their greed goes for his property. Well three generationlong enimity has been sown. Even if you get the property by litigation the reduction of value due to litigation and loss of mental peace will render you loser. You can build property but not build the relations agains which are precious than any property.
Shonee Kapoor
(Expert) 21 December 2011
Agreed with experts.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Devajyoti Barman
(Expert) 21 December 2011
Yes I too agree with the opinions given above.'It is true that a person after adoption become the full member of the family which has adopted him but that does not mean he enjoys certain special right specially in respect of inheritance.
Raj Kumar Makkad
(Expert) 22 December 2011
It seems you are confused in putting the first line of your query wherein you told adoption will. These two words are different and their meaning are also different.
Anyway, irrespective of the fact whether your father is adopted or not, if his uncle is desirous to get transferred his entire self acquired estate as on today, he can do so and his daughters cannot raise any objection either on today or in future after demise of their father. A registered deed is required to be registered in this case.
If adoption deed is already registered, then there is no need to re-register it. If you do not get transferred the estate under discussion and uncle of your father dies without intestate, you father shall become owner only to the extent of 1/6 share means his all 5 sisters shall get equal share with him.
Querist :
Anonymous
(Querist) 22 December 2011
Thanks to all experts for advising me .
1.According to custom of our village a Godnama has been made. But if we see according to legal point of view then it is a will (bcz my dad's age was above 15 year(i.e. he was 35 year old when he is adopted)
2. I just want to ask you one thing that the all property is joine between my grandfather and my dad's uncle. If my dad's ungle are agree to transfer their share in the name of my dad.
3.Then How can we do so?
4.His daughter's signature required for this?
5. His daughter can challenge us in future for this transfer?
Please advise me immidiately
