Effects of cancellation of a registered deed

Take help of local lawyer for proper legal guidance. 

I have already done 

But most of them didn't know what will be the effects as i am also advocate in Rajasthan high court 

So looking for a better legal guidance 

If someone seen similar case then he can share his experience 

Thank you sir

You have queried, inter alia, that, 

"If adoption is declated void by court then the relinquishment deed will be valid or not as deceased has ( widow wife and mother and 2 children in which 1 is given to younger brother in adoption)" 

Primarily Section 8 of The Hindu Succession Act, 1956 which deals with general rules of succession in case of males talks about heirs and doesn’t include any distinction between a natural heir and an adopted heir. 

The same goes with Section 15 which states the general rules for succession in case of female Hindus. This means that The Hindu Succession Act, 1956 does not differentiate between natural and adoptive children and thus gives equal right to both of them.

Section 12 deals with the effects of valid adoption both to the adoptive parents and the adopted child. When there is valid adoption, the child is deemed to die in the natural family, and to be reborn in the adoptive family.

The rights and liabilities of the adoptive child are severed from the birth family and the child enjoys the rights and render the liability of the adoptive family. The adopted child is deemed to be a natural son.

Under Shastric Hindu law, an adopted son was considered as good as the son begotten from the lawful wedlock by birth, ‘Putrachyavaham’, means that  reflection of the Aurasa (legitimate) son.

In the landmark case of Hirabai and Anr. v Babu Manike Ingale the Hon’ble court held that the adopted child loses all his rights in the family of his birth and those rights are replaced by the rights created by the adoption in the adoptive family. The right, which the child had, to succeed to property by virtue of being the son of his natural father, in the family of his birth, is, thus, clearly to be replaced by similar rights in the -adoptive family.

In the circumstances mentioned therein the query the relinquishment deed shall be invalid.

Thank you sir

Obliged

Very well explained by senior expert Dr. Vashistha Sir.

I appreciate and endorse his views.

However, it again depends on interpretation before the court in the event of a dispute.

Thank you sir

The statement "If a registered adoption deed is cancelled on the basis of violation of section 10 of HAMA act then the properties transferred or relinquishment deed made on the basis of registered adoption deed within a family ( elder son because of effect of registered adoption deed automattically didn't get any share in biological parents property with his consent and a relinquishment deed made to relinquish right of mother of deceased person made in favour of wife of deceased" is too problematic and beyond the provisions of HAMA.

The process of adoption does not mandate execution of adoption deed or the execution deed. 

How the  adoption is not valid in terms of the provisions of Section 10?

Custom is in question as to whether child above 15 can be adopted or not as in this there is custom of taking child in adoption above age of 15

A Hindu child above 15 years cannot be adopted under the Hindu Adoptions and Maintenance Act (HAMA) unless a custom or usage permits it. Section 10(iv) of HAMA explicitly states that a child must be under 15 years old to be adopted, unless there's a specific custom or practice within their community that allows for older individuals to be adopted. 

 HAMA generally restricts adoption to children under 15 years of age. 

The only exception to this age requirement is if a specific custom or usage within the child's community allows for the adoption of individuals older than 15. 

If no such custom or usage exists, a Hindu child over 15 years old cannot be adopted under HAMA

Thank you sir

But here in this case the custom is prevailing in the family of parties and great grand father has been adopted in the age of 22 but no document is available with the party except testimony of the relatives

Adopting a person of 22 years old may not be considered valid because 22years old person is an adult and not child.

An adult cannot be adopted or the adoption will be legally recognised.

Ok sir

Thank you for guidance