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shine mangalore (advocate)     18 May 2010

adoption

my clients(Adoptive parents) have adopted a daughter in the year 1980, religiously by way of datta homa when she was a minor as the couples have no issues after many years of marriage.  The problem now is that they have not registered the adoption deed then. The brothers son of the adoptive father is now claiming for the  property. The property is ancestoral property. Is it possible to register the adoption deed now since the adopted daughter is now married? If so what is the procedure and extra clauses to be mentioned in the adoption deed. Both the natural parents and adoptive parents are alive. since the property is ancestoral property i hope only will is not sufficient in this case.  the adoptive father is willing to give his property to the adopted daughter who is married now.

Thnak you in advance



Learning

 2 Replies

Harshada Shukl Kulkarni (Advocate)     18 May 2010

As per my opinion, if the property is ancestral one, then  your client  and his brother/ s  will have their respective Share in the said ancestral property.  If the Adoptive father being your client desires to  give his share out of the said ancestral property ,  then he can do so by way of  Gift or Will or by way  of transfer.  This has nothing to with the Adoption Deed and hence if the said Deed is not registered then also, it's not required to be register at this moment.  However, if there is any self acquired property of the adopted father, he can at any time give the same fully or partially to his adopted daughter by way of Gift, nomination, Will or by way of transfer.

 

shine mangalore (advocate)     18 May 2010

thank you very much. my client is willing to give his share of the property.

But still i want to know that whether the adoption deed be registered after attaining majority(of the adopted child) or after marriage of the said adopted child.


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