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Mala (NA)     25 August 2012

Help! need advice on adoption case.

Hello!


My father passed away when I was only 2 years old. My mother after years of being a hard working, single parent then re-married again when I was 9 years old because she felt that I needed a father to look up to and she yearned for a companion. I was accepted by my step-father and we all got along as a family very well. My step-brother was born a year later. I have no other siblings and we are a nuclear family.

(Unfortunately,) there was no legal adoption procedure done at the time because my school readily entered my step father as a legal guardian in their records and there were no other issues which might have prompted us to make a legal adoption. For all practical matters he was(is) my father and I was(is) his daughter.

However, now I am 22 and he is thinking of making a will. He is worried that his family (his brothers - who have not been too fond of me) might create problems in future as there is no "legal" deed of adoption or the likes.

Secondly, we are members in a club in Mumbai and the committee at the club is denying me my rights saying they need proof of adoption (which there is none) to give me the rights, that as a member's daughter, I deserve.

Since I am an adult, it is too late to make a legal adoption, what I wanted to ask the knowlegdable members of the 'lawyersclubindia' is, what might my alternatives be at this point?

It is heart breaking to know the man who I consider my father - the world doesn't consider any relation between us. Please advice.

I will be extremely grateful,
Mala.


Additional information:

We are Hindus. 

We live in Mumbai, Maharashtra.

PS - Please let me know if I have left out any information. I will gladly include it. Thanks again,



Learning

 6 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     25 August 2012

Hi Mala,

I can imagine how you must be feeling, hope this would placate your concerns :-

1. An adoption is not required to be done necessarily by an adoption deed, much less by a registered one. It may very well be an oral one. Only giving and taking is required. Since all these years you've been taken as a real daughter, the court would lean in favour of presumption of validity of presumption even without the deed. 

2. To Fructify your status as an adoptive child, file a suit for declaration - in which your father/natural parents/friends/family can depose as to your adoption. Once court passes a decree you can use that at all places. Expect resistance on part of people who want to oust you. But this is the chance we'v got. 

 

Good Luck !

 

Adv. Bharat Chugh

2 Like

ADV S PATHAK (lawyer)     25 August 2012

i agree with adv chug to file a suit for declaration

Sudhir Kumar, Advocate (Advocate)     26 August 2012

He can will if he so desires

Gopikrishna Kalyanam (Lawyer)     01 October 2012

Dear Ms.Mala,

Yes a suit for declaration is best. Your mother and step-father should be Respondents

Best Wishes

Mala (NA)     19 December 2012

Thank you all.

I am currently trying to figure out the procedure for filing a suit for declaration.

All your contribution is received with immense gratefulness.

Regards,
Mala.

prakharved (Medical officer)     11 June 2013

@mala

 

You may need to consult lawyers from time to time on this issue. you should check out this resource.

For legal queries like these you can get expert opinion from www.lawkoect.com

 

Also you can hire a lawyer for yourslf to handle all the legal work from lawkonect.com

 

regards

 


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