Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

Kumar ravi (business)     24 December 2016

Adoption validity

chandra shekar and sandhya are wife and husband. they dont have children

they adopoted a girl at the age of 3 yrs (her parents were died). No adoption ceremony or legal adoption deed 

they just took girl from her house. Now she did her graduation (all school records showing chandra shekar name as father)

and also in ration card,aadhar card showing father name as chandra shekar

chandra shekar's wife sandhya died 2 yrs back 

Later she(adopted girl) got married 1 yrs back.

Now her chandra shekar also died. He wrote a will to his adopted girl stating that she is the only daughter and she is legal heir of his properties

Q1. Now we(sandhya's bother and mother) want challenge the validity of adoption ?

Q2. do we also get share in the properties?

Please suggest

chandra shekar and sandhya are wife and husband. they dont have children

they adopoted a girl at the age of 3 yrs (her parents were died). No adoption ceremony or legal adoption deed 

they just took girl from her house. Now she did her graduation (all school records showing chandra shekar name as father)

and also in ration card,aadhar card showing father name as chandra shekar

chandra shekar's wife sandhya died 2 yrs back 

Later she(adopted girl) got married 1 yrs back.

Now her chandra shekar also died. He wrote a will to his adopted girl stating that she is the only daughter and she is legal heir of his properties

Q1. Now we(sandhya's bother and mother) want challenge the validity of adoption ?

Q2. do we also get share in the properties?

Please suggest



Learning

 8 Replies

Kumar Doab (FIN)     24 December 2016

"do we also get share in the properties?

NO, is the answer.

 

As per so much of record ; she is adopted child.

 


(Guest)
Originally posted by : Kumar ravi
chandra shekar and sandhya are wife and husband. they dont have children

they adopoted a girl at the age of 3 yrs (her parents were died). No adoption ceremony or legal adoption deed 

they just took girl from her house. Now she did her graduation (all school records showing chandra shekar name as father)

and also in ration card,aadhar card showing father name as chandra shekar

chandra shekar's wife sandhya died 2 yrs back 

Later she(adopted girl) got married 1 yrs back.

Now her chandra shekar also died. He wrote a will to his adopted girl stating that she is the only daughter and she is legal heir of his properties

Q1. Now we(sandhya's bother and mother) want challenge the validity of adoption ?

Q2. do we also get share in the properties?

Please suggest

chandra shekar and sandhya are wife and husband. they dont have children

they adopoted a girl at the age of 3 yrs (her parents were died). No adoption ceremony or legal adoption deed 

they just took girl from her house. Now she did her graduation (all school records showing chandra shekar name as father)

and also in ration card,aadhar card showing father name as chandra shekar

chandra shekar's wife sandhya died 2 yrs back 

Later she(adopted girl) got married 1 yrs back.

Now her chandra shekar also died. He wrote a will to his adopted girl stating that she is the only daughter and she is legal heir of his properties

Q1. Now we(sandhya's bother and mother) want challenge the validity of adoption ?

Q2. do we also get share in the properties?

Please suggest

You are no where in the legal picture.  No share in property for you.

kavksatyanarayana (subregistrar/supdt.(retired))     24 December 2016

You have no right in property.

saravanan s (legal advisor)     24 December 2016

A will can be made in anyones favour and in this case it's been made by a father to his adopted daughter.you as her mother and brother can't claim any share in the deceased person s property.

Ms.Usha Kapoor (CEO)     25 December 2016

Although there is no deed of registered adoption and although adoption ceremoney has not been done right from age 3 the girl ws looked after 3 years as an adopted girl by  her foster parents . Her name in ration card, ADHAR CARD,Her educatrional certificates, HER FATHER WRITING A WILL THAT ALL HIS PROPERTY WOULD VEST IN ADOPTED DAUGHTER AS SHE IS HIS ONLY DAUGHTER GO TO CLEARLY SHOW THAT THE GIRL IS ADOPTED BY Mr, AND Mrs..CHANDRA SEKHAR.Neither Sandhya's mother and brother can't challenge the adoption nor get any share in  the willed property to the adopted daughter.

Samarpan (M)99958670740 (Free legal advice and legal aid cell)     25 December 2016

In my view it is not a valid adoption, because, Mrs. & Mr. Chandrasekhar have not taken court's permission to be valid legal guardian, you will have no case, if the will is valid and it has been executed in accordance with law, because the question of valid adoption or invalid adoption becomes irrelevant, if the will is valid.

Kumar ravi (business)     25 December 2016

Q1.He written a will (100 rupees stamp paper. is it valid will)

Q2.The property which he written in WILL is inherited from his wife( she also got it from her mother/father)

So can we fight for share ?

Thanks for reply

 

Kumar Doab (FIN)     25 December 2016

How can you fight for any share if you are not legal heirs, of deceased owner?

 


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register