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Justin Antony   05 May 2020

Adoption reg.

Dear experts,

Greetings. My father's elder sister have worked as a primary school teacher in a aided school. During her life time she adopted my elder sister in childhood from my parents without any written documents due to family adoption.(Basically we are from Christianity). She mentioned my sister as adopted daughter in her records in presence of the pension disbursement (state government authority) authority for get the life time arrears.

After her death my sister got legal heir certificate from court by using the above mentioned record/ Form A and she got my aunt's life time arrears from the concern authority.

Now some civil/property cases in the court between my aunt's younger brother's children and us. My aunty executed a registered WILL to her two brother's children including my sister (younger brother's and elder brother's children including my sister)

( Even no adoption in Christianity, she declared her adoption in his service records through concern FORM - A in the presence ofgovernment pension authority... He also signed in the same page of record)

My queries...

1. Even though my Aunty is a earning person... Have she any rights to execute a WILL on her property after adoption made?

2. The Adoption is valid or not?

3. if the adoption is valid... have same rights to adopted daughter as like as own daughter. Then how she executed a WILL in favour of her brother's children?

4. Have any previous judgement similar this matter?

please give me your valuable opinion...

Thanks in advance
Justin A.


 3 Replies

P. Venu (Advocate)     06 May 2020

What are the issues the ongoing cases? Are the validity of the Will as well the validity of Adoption issues in those cases?

Please post simple facts avoiding subjective facts as well as assumptions and presumptions.

1 Like

G.L.N. Prasad (Retired employee.)     06 May 2020

Any person that is having self-acquired property can dispose of the property as he likes through a testament, and no one including spouse and children have any legal say in the issue..

1 Like

Justin Antony   06 May 2020

Dear Om Prakash sir and Venu sir... I'm really very sorry... due to language problem I couldn't explain properly... so that I asked my queries with some separate parts... Venu sir already gave his opinion in one case connected with this matter.

Case History :

1. My Aunty ( my father's elder) got married and no children. She and her
husband expired. also her two brothers expired. two brother's children only the secondary legal heirs. during her life time in the year 2000 she divided her property as 3 part/ schedule and wrote a will in favour of her younger brother's daughter -A, me-B and my Sister-C(give the home and till now my sister staying her C -schedule property) and register it.

2. In 2010 again she wrote a another will in favour party A (her younger brother's daughter)only and cancelled the previous will. we don't know about the second will till her death. after her death we filed declaration suite ( the diffentant made a forged will by used her aged,unhealthy and soundless mind. so null and void, the court should declare the 2nd will is forged). A - scheduled pary also filed a declaration suite against us to the court may declare as the 2nd will is right one and to dismiss our suite. The two suit going the same court as connected case.

3. I got decreed in my case and her case was dismissed. Now she filed an appeal in the district court. from the beginning of this case she is getting the rent from my property/house. . Even though the case is in the court, my sister enjoying her C schedule property and the Diffentant enjoying her A schedule property and also getting my B schedule property rent Rs. 6000/- month.

(For your kind attention :

1. My aunty mentioned my sister as adopted daughter in her service records in presence of the pension authority. After her death my sister got legal heir certificate from court and claim her life time arrears and bank balance 300000/ also in the proper way... Now my aunt's younger brother's children filled a case against my sister to want to share from my aunt's Bank money... because all are secondary legal heir and no adoption in Christianity as per law... now the case in going on another court.

2. when we filing civil case, my advocate mentioned in the plaintiff in all 3 scheduled properties are enjoying the beneficiaries as per First WILL... Because after registered the first will she handed over the possession to the beneficiaries.

3. After filed the suit... the defendant forcefully entered my property and break the door locks. then put the 3ed party and getting the rent... and she filed a criminal case against me... in the mean time we didn't informed the matter to court and not asked to pay the rent to court... and my advocate compromised me that we will finish the cas as earliest... so I'm not object.

4. due to this reason now we couldn't file RCOP or eviction suite... till my advocate compramising.... till the diffentant day by day creating problem...

5. So that my sister decided to file a case on claim right over the whole property by using her adoption... legal heir certificate)


How can I get the rent from the tenant of my property during appeal is going on?

Can i get interim order to tenant pay the rent in the court or Bank (by the order of court)

how can I claim the previous year rent arrears from diffentant?

please.... no proper answer from any sides...i expect your valuable assistance..

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