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Ravi Naik   19 October 2021

Name in ration card.

My Father in law has 2 daughter and 2nd wife lived small villege of  Karnataka  .3yeras back he had  taken19 year old boy without legal adoption and added his name in ration card in son column, In 2021 Feb that boy left the home and not came back.

In Aug 2021 My father in law died.Now That boy is claming  that his name is in ration card and he is also Leagl heir of may father in Law.

Can some one claim  being Name in ration card is Criteria for Legal heir.

How to remove his name from ration card

What Law says regarding this

 



 3 Replies

Anusha Singh   19 October 2021

As per your query it is understood that you need information regarding the inheritance of the adopted child without any documents of such adoption.

An adoption without valid paper work i.e an adoption which is not admissible under the Hindu Adoptions and Maintenance Act, 1956. But in the absence of any documentary evidence to prove that he have been adopted by your father in law the burden of proof lies on him and through oral and other circumstantial evidences he can prove his case i.e if he is really adopted by your father in law.

In the famous case titled Addagada Raghavamma And Anr vs Addagada Chenchamma And Anr

Equivalent citations: 1964 AIR 136, 1964 SCR (2) 933 the court held that "It is well settled that a person who seeks to displace the natural succession to property by alleging an adoption must discharge the burden that lies upon him by proof of the factum of adoption and its validity. Their Lordships went on and said that 'ordinarily' an only son is neither given nor taken in adoption."

"An adoption would divert the normal and natural course of succession. Therefore, the court has to be extremely alert and vigilant to guard against being ensnared by schemers who indulge in unscrupulous practices out of their lust for property. If there are any suspicious circumstances, just as propounded of the will is obliged to dispel the cloud of suspicion, the burden is on one who claims to have been adopted to dispel the same beyond reasonable doubt. In the case of an adoption which is claimed on the basis of oral evidence and is not supported by a registered document or any other evidence of a clinching nature, if there exists suspicious circumstances, the same must be explained to the satisfaction of the conscience of the court by the party contending that there was such an adoption."

If he is able to prove in the Court of law that he was adopted by your father in law then he has the right in his property and he can claim it. This situation arises in circumstance when the will is not made by the deceased person.

As to be the legal heir he has to obtain the legal heir certificate and for such certificate he has to prove that he is the adopted child but without the required paperwork just by oral evidences and by the name in ration card he’s case is really weak.

To know the procedure to delete his name please refer to the below link.

https://www.wikiprocedure.com/index.php/Maharashtra_-_Add_or_Delete_Name_in_Ration_Card

Hope it helps!

 

Regards,

Anusha Singh

Dr J C Vashista (Lawyer)     21 October 2021

A 19 year old man can not be adopted and he (man) has no claim in the property of your father in-law as adoptive son.

G.L.N. Prasad (Retired employee.)     22 October 2021

Simply because a name is added with certain relationship, he can not claim any share in the property.  This may be your version and the court considers his version with bonafide proof like DOB certificate, qualification certificates, Voter card and other statements made by FIL before any authority including his employer/LIC/Bank.

First file RTI Application and seek information and copies of documents from sanctioning authority and then find out violations to further complain.

Brief Facts: Addition of name of Sri........................in Ration card No......................in Ward No..................address.............................

Information solicited

1. Please provide me the entire set of documents based on which name of .............was added to the ration card., as that person was never living with the Head of the family and not legally related to him in any manner.

 


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