Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Nagesh   13 December 2021

Disowning of adopted child

Is there a provision in Law to disown a legally adopted son of about 30 years of age who is abusive, violent and trouble maker ?


Learning

 11 Replies

G.L.N. Prasad (Retired employee.)     13 December 2021

You need not make such a public announcement, as the child had now become an adult of 30+ years.  If the property is yours you can deal with the property as you like and ask him to go out and take care of himself or you can go and join an old age home.  You can report such harassment to the collector as a Senior citizen and it is the Government's duty to protect the interests of citizens.

1 Like

Advocate Bhartesh goyal (advocate)     14 December 2021

Status of legally adopted child is just like as naturally born child,you can not legally disown hin whatever may be the reason however if you posses your self acquired property ,you are free to transfer that property as per your wish and if adopted child harass to you ,you may take legal action against him.

1 Like

M V Gupta (Advocate)     14 December 2021

AGREE WITH THE EXPERTS OPINIONS. YOU CANNOT DISOWN AN ADOPTED SON OR DAUGHTER. YOU MAY DEAL WITH THEM AS YOU WOULD IF UR BIOLOGICAL SON MISBEHAVES OR DOES NOT TREAT YOU WELL.

1 Like

P. Venu (Advocate)     14 December 2021

You have not posted the complete facts. Disowning a child, whether biological adopted, is a process unknown to law.

1 Like

G.L.N. Prasad (Retired employee.)     14 December 2021

There was a practice of advertising a notice against that child, who chooses the bad manner of borrowing and other illegal activities from money lenders, and most of those greedy money lenders look to father for advancing, and those fathers in desperate attempt release advertisement stating that such wayward son's illegal activities can not bind them etc.,

1 Like

Nagesh   16 December 2021

The child was adopted by one of my close relative, who had no biological children.  Now the father is no more, the  son who is about 31 years of age, is harrassing his mother mentally and causing nuisence. The late father is left them with a house (his self acquired property). I think they both have equal share in the property. Now the mother wants to disown him. And she does not mind giving him his legitimate share in the property. Is it possible to terminate the relationship legally, that is what I want know.

-thanks

G.L.N. Prasad (Retired employee.)     16 December 2021

This "disowning" is unknown in Hindu Law, once the family members separate through a separation deed distributing the properties, they have the liberty to lead an individual and independent life of their own as a separate family.  Let mother take her decision instead of depending on borrowed/structured ideas of outsiders.

P. Venu (Advocate)     16 December 2021

The mother has the option to take action under the Senir Citizen Act as well under the DV Act. 

Yes the property is jointly devolved upon the mdeal with other and the (adopted) son. She can deal with her right in the property at her discretion.

The advertisements as to disown are devoid of any legal elements. Any claim for debt inccured by any person lies only against his estate, not relatives.

Shashi Dhara   17 December 2021

File suit for cancellation of adoption in civil court.

Nagesh   18 December 2021

Thanks to you all.

 

Kawmini Liyanage   21 December 2021

Greetings!

Adoption of a child and any legal process related to such comes under the purview of the Hindu Adoption and Maintenance Act. According to which Unlike divorce between spouses, a son, including an adopted son on par with a biological son. Further, the Act sets the bar for adoption at the age of 15 years. 

If the child in question reached the age of 30 years, that's past the age of the majority, which is 18years. Hence, following the Section 24 of Maintenance and Welfare of Parents and Senior Citizens Act, 2007 & Section 3 of Domestic Violence Act.

 Regards,

Kawmini Liyanage


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