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Arvind (Executive Director)     05 February 2014

Legal heir

A person adopted a girl child before the age of 5 and now she completed her post graduation. The child parents are not known. She was provided education before completing her post graduation the adopted person died due to his old age. Adopted mother was a bank employee. retired and living alone. She is trying to sell the immovable property and give it to unknown persons

Question: Whether adopted unregistered girl child can claim legal heir? She was recently married with the consent of adopted person wife. If the adopted child can claim the rights of the property what is procedure and whom to approach?.


 2 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     05 February 2014

Adoption in law is not required to be in writing or registered. Though a written adoption deed is easy to prove and raises a presumption of proper adoption, adoption still can be oral. In the present case it can be inferred from the totality of facts and circumstances that your mother was indeed adopted, and as an adopted child she is entitled to equal rights as a natural child. File a suit for partition of properties after obtaining certified copies of land records through RTI. 

S K KARNjhc (Legal Adviser)     13 February 2014

Well advised by ramacharya Sir

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