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vishal paliwal   16 November 2015

Adoption dispute

Hello Sir,
I was adopted by my father's elder brother (my dadaji) and his wife (maa). I called them dadaji and maa respectively. My adoption was done orally, there is no formal legal documentation done by anyone.
My education and brought up happened with them. I got job in year 2006 after that I am staying away from my hometown. My marriage in year dec-2009 also done by dadaji only. I used to send them  money every month for house hold expenses.
Dadaji had 17 acre of farm land in his name, which is not ancestral property. He got this by donation of his uncle. We used to stay together my parents, dadaji, maa and my younger brother till dadaji was alive.
My dadaji died on Dec-2012, and my maa started staying with my cousin. After my dadaji's death his property came into maa's name, that time she told me she will give half of the property to me. and sold half of the property which is her full share.
Now she is denying to give rest half of the property to me. She does not stay with me as I live in other city for work.
I have only my marriage card where dadaji and maa 's name has appeared as my parents.
Is there any way I can get my name in the property? how can I get my share in the property.
thanks.

 



Learning

 10 Replies

Mukesh sharma (job )     17 November 2015

in case you have any record of adoption you live with your grand pa and grand mother in hindu law adoption in legaly valid when he register before register not valid you say your adoption make both side oral not in written than where you proof this you adopt son of your dada jee its  need register in hindu law adoption register bothh of side than valid so plz talk with best family lawyer he tell you best 

 

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     17 November 2015

 NO, ADOPTION DEED IS NOT MANDATORY.  EVEN AN ORAL ADOPTION IS ALSO VALID UNDER HINDU ADOPTION N MAINTAINENCE ACT .

HENCE U R LEGALLY VERY MUCH THEIR SON.ALL UR CERTIFICATES WOULD HAVE CONTAINED UR ADOPTED FATHER'S NAME.HENCE U HAVE A CLAIM OVER UR SHARE OF THE PROPERTY.BETTER CONSULT A LOCAL PROPERTY LAWYER AND PROCEED.

1 Like

SAINATH DEVALLA (LEGAL CONSULTANT)     17 November 2015

 Quote Report Abuse
 

Widows have right on ‘maintenance’ property: SC

 
NEW DELHI: The right to maintenance of a Hindu widow is not a "mere formality" but a spiritual and moral right that can be judicially enforced upon by claiming "absolute right" on the property given to her for sustaining herself, the Supreme Court has ruled. 

A bench, headed by Justice M Y Eqbal, while upholding a Andhra Pradesh high court verdict in favour of a widow who had transferred the property willed to her by her husband for her lifetime to a relative, said it was the woman's "absolute right" and she was free to bequeath the property. 

"It is well settled that under the Hindu Law, the husband has got a personal obligation to maintain his wife and if he is possessed of properties, then his wife is entitled to a right to be maintained out of such properties. "It is equally well settled that the claim of Hindu widow to be maintained is not a mere formality which is to be exercised as a matter of concession, grace or gratis but is a valuable, spiritual and moral right," the bench, which also comprised Justice C Nagappan, said. 

-https://www.lawweb.in/2015/11/widows-have-right-on-maintenance.html

1 Like

laxmi kant joshi (instructor)     17 November 2015

if your dada ji and maa's name is written in your educational / academic certificates then it itself a valid ground to prove you are his adopted son on this ground you can obtain a legal heir certificate and on this basis you can file a civil suit to transfer half property of your dada ji in your name.
1 Like

vaddi sreenivasarao (Advocate)     23 March 2016

Dear Experts,

                       one clarity I need in Adoption..

 

One lady at her 33 yrs divorced and with 2 children(boy of 14 yrs and girl of 13 yrs) staying with parnents of aged around 60 yrs and 58 yrs who performed 3 daughters marriages, other married daugthers settled in Abroad.

the husband of the divorced elder daughter got  maaried and had issues and not turning at these childern since divorce 6 yrs back.

the parents and his brothers are not having any male child and all are reaching their old age.

The divorced daughter is the full guardian of the boy and girl  wants to Adopt her boy to her parents and They are also accepting it..happily as they are only bringing the childern up and fullfilling their financial needs..

as the divorced husband is not apperaing even and enjoying his marriaed life with his issues.

Can he has any right to object this adoption ?

if so what are our leagal remedies ?

if the boy becomes major,18 yrs,,Can the boy himself decide with the support of his mother to go in to Adoption to his Maternal Grand parents..?

 

pl clarify...Thanks

ANAMIKA VICHARE (LAWYER)     19 April 2016

A person can be adopted only till the age of 1y yrs not later than that

SAINATH DEVALLA (LEGAL CONSULTANT)     20 April 2016

Anamikaji, Any child or a boy or girl can be adopted before they complete 15yrs of age as per Adoption and Maintenance Act 1956.
1 Like

(Guest)
Originally posted by : SAINATH DEVALLA
Anamikaji,
Any child or a boy or girl can be adopted before they complete 15yrs of age as per Adoption and Maintenance Act 1956.

So after 15, no need of any formality of any kind?

SAINATH DEVALLA (LEGAL CONSULTANT)     21 April 2016

The adoption process or procedure is the same either for an infant or a child below the age of 15 is the same as per the Hindu adoption act.

S K KARNjhc (Legal Adviser)     25 April 2016

no more elaboration is required


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