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T R Narayanan (manager(retired0)     26 February 2018

claim of adopted daughter

one lady aged 65 claims to b the adopted daughter of my landlord who passed away 30 years back. what documents should I ask her to produce when she asks for rent.


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 10 Replies

Kumar Doab (FIN)     26 February 2018

Registered adoption deed….may be asked.

Has NO other Legal heir come forward!

 

 

Sudhir Kumar, Advocate (Advocate)     26 February 2018

for a valid adoption.

 

  1. consent of natural parents.
  2. adoptive parent not having child of the same s*x
  3. adoptive parent not related to natural parent as marriage could not have been possible.
  4. adopted child unmarried
  5. adopted child below 15.
  6. adopted child and adoptive parents be hindus.
  7. natural papetns to be hindu

Kumar Doab (FIN)     26 February 2018

Which personal alw applies in this case..............Hindu?

 

T R Narayanan (manager(retired0)     27 February 2018

sir. he died without any issues.

T R Narayanan (manager(retired0)     27 February 2018

yes. Hindu Personal Law

Kumar Doab (FIN)     27 February 2018

The document/deed that can be asked for has already been posted. 

Kumar Doab (FIN)     27 February 2018

The landlord; Hindu male, died 30years back.

The lady that claims she if adopted daughter is 65years as per your post.

30 years back at the time of death of landlord she should be 35years of age.

In which year she was adopted….by landlord?

Where she was for last 30years since as per your post landlord died 30years back?

Did anyone approach you from family of landlord for rent payment after his death?

Kumar Doab (FIN)     27 February 2018

Were you depositing rent in court for last 30 years?

Did landlord have any girl child from his marriage?

As on date of his death were his wife and mother alive?

Did you inquire at address of landlord about his family?

Sudhirji has posted some extracts….

Relate with these extracts also…

What is the opinion of a a very able senior LOCAL counsel of unshakable repute and integrity specializing in such matters and having successful track record in such matters and……………….worth his/her salt..Contacted by you.

T R Narayanan (manager(retired0)     27 February 2018

Thanks so much everyone for your expert advise. The adopted person was indeed married and with children when the landlord passed away.i hv been paying rent in court.... Without any break... No document to prove adoption is existing at all. Still she has managed to get her name in the property card.... Mumbai.

Kumar Doab (FIN)     27 February 2018

Originally posted by : T R Narayanan
Thanks so much everyone for your expert advise. The adopted person was indeed married and with children when the landlord passed away.i hv been paying rent in court.... Without any break...
No document to prove adoption is existing at all. Still she has managed to get her name in the property card.... Mumbai.

 

If proven custom in the community provides for married person may get adopted.

The name in property card may not get included just like that.

Legal heir certificate/affidavit (per local precedence, rules, laws)/survivor certificate/heirship certificate/LoA/Succession Certificate/registered adoption deed  etc may be required....

You have been depositing in court withut break...

hru your counsel let her establish tht she as adopted by valid/registered adoption means/deed and got her name included in said property card by valid/legal means....

 

If you wish you may get the said property card and link docs....


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