Vikas (Senior Analyst) 24 October 2015

Adoption without legal process

Hi,

I am 34 year old Male Hindu from Agarwal family. I was adopted by my maternal uncle at the age of 1.5 month as my mother got a paralysis attack after my birth, nearly after 15 days. No Legal process was followed as this was purely family matter and my maternal uncle and aunt ( Adoptive Parent) didn't have any child.

My biological parents belongs to a well settled and educated family, He was a JE in PWD UP. My adoptive parents were not well settled as my adoptive father was unemployed and mother was illiterate. At the age of 13, I lost my adoptive father after suffering of illness nearly 2 Years almost penniless. My adoptive mother did some domestic help work and let me complete my education till Graduation.

Inspite of being in good financial health, my biological parent didn't help me as I turned down their proposal to live with them leaving behind my adoptive mother penniless, lonely and aging. They were not ready to help her in that situation.

By God's grace, I was able to educate myself with the help of my adoptive mother and a gentleman in my hometown. In all this situation my name in all the documents have been mentioned with the sur name of my adoptive parents.

Now I have been married and working in an MNC, my wife is also working and living with my mother.

I have lost my biological mother in 2003 and now have my biological father and three brothers. Two brothers are married, one brother is widowed.

Now my question is can I claim any share of property in my biological father’s property and can I claim any compensation from him as he didn't fulfill his duty as parent.

What are the rights ( if any), do I have and what is the process to be followed to claim that.

One of my brother is in favor of me, one is against and one is neutral.

Please help.

Regards,

Vikas

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9 Replies

Vikas (Senior Analyst) 24 October 2015

Sorry I wanted to say Maternal Uncle.

Advocate Ashok 24 October 2015

No you can't. No special procedure required for adoption. Since all your official records says your adoptive father as your father it would be easy to prove for the opponent that adoption was valid. Law will also presume in favor of the adoption

(Guest)

Superb life story ! bravo, kudos.

But why you want biological fathers property now? He was not there all long, why you want his property now?

Answer is you cant have his property now.

Shame, when it comes to property anybody can wag tongue.

N.K.Assumi (Advocate) 24 October 2015

A bird in hand is worth two, three birds in a tree.

saravanan s (legal advisor) 24 October 2015

If your biological father dies intestate then you can claim your share as you are still a legal heir to your father.

SAINATH DEVALLA (LEGAL CONSULTANT) 24 October 2015

The issue here is whether after adoption the adopted son will have a right over the property of his biological father,the answer is absulutely NO.Better go through section 12 of Hindu Adoption and Maintenance Act 1956.

Democratic Indian (n/a) 24 October 2015

Section 12 & 13 of Hindu Adoption and Maintenance Act 1956 is quoted below -

"12. Effect of adoptions- An adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of the adoption and from such date all the ties of the child in the family of his or her birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family.
Provided that-
(a) the child cannot marry any person whom he or she could not have married if he or she had continued in the family of his or her birth;
(b) any property which vested in the adopted child before the adoption shall continue to vest in such person subject to the obligations, if any, attaching to the ownership of such property, including the obligation to maintain relatives in the family of his or her birth;
(c) the adopted child shall not divest any person of any estate which vested in him or her before the adoption.
13. Right of adoptive parents to dispose of their properties- Subject to any agreement to the contrary, an adoption does not deprive the adoptive father or mother of the power to dispose of his or her property by transfer inter vivos or by will."

Property of biological father which is self earned, he can do whatever he wants. If he dies intestate, you can claim your legal share in his self earned property as well as ancestral/ inherited property. The property which is ancestral/ inherited by your biological father, you have your legal share. In order to prevent complications, if possible make sure that he does not sell the ancestral/ inherited property away without giving your due legal share. Best would be to sit with an experienced property lawyer and discuss your future course of action.

T. Kalaiselvan, Advocate (Advocate) 30 October 2015

Since your adoption was not legally done, may be your school rcords have your adopted father as father, if you have birth certificate to prove your biological father's name, may be you have a chance to claim a share out of his intestate proeprties. Whatever worth it is, you may send a legal notice claiming your share and partition, see the result and approach the court if necessary.

Reformist !!! (Other) 26 December 2015

As far as I know, adoption requires giving and taking on papers, which has not been done in your case. So, i feel you have right in your fathers property as you are still a legal heir. But my question is why you want share in property when they did not loved you and you also did not had any relation with them in past.