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Sushil Kumar Bhatia (Advocate)     06 November 2008

succession_without_valid_adoption

A deceased person "Y" in his life time declared and claimed that "X" is his adopted son in absence of adoption deed and any evidence of  give and take the child only single document showing a property purchased by alleged adopted son showing himself as adopted son of 'Y'which he written in sale deed "Y' had died long year ago and 'X' is realized rent of the property left by deceased 'Y' my quesion is whether alleged "X" is the absolute owner of the property left by deceased"Y" as sole successor ?



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 7 Replies

SANJAY DIXIT (Advocate)     06 November 2008

Whether 'X' and 'Y' belong to Hindu Law?

Sushil Kumar Bhatia (Advocate)     08 November 2008

both 'x ' and 'Y' are Hindu

Murali Krishna (Govt..Employee)     08 November 2008

 Definetly not. X cannot simply rely on his own executed document as an evidence. Here, 'X' executed a document showing himself as adopted child without there being any proof of adoption. 

mahesh verma (service)     08 November 2008

definitely no. adoption deed is required to prove in the court that Y adopted the x if he is unable to subit  the adoption deed . x can not be eligible as successor of y. In the Hindu law, a hindu can not adopt  any child without the consent of his wife and the child whom is being taken as adoption should be not more than 16 year and age gape between  child and adopted parents should not be less than 15 years . in hindu law some adoption ritual is also be taken place in the presence of all the relative and friends alongwith adoption deed .

Sushil Kumar Bhatia (Advocate)     09 November 2008

Thanx to all for Answers.

prof s c pratihar (medical practitioner &legal studies)     09 November 2008

even ilegitimate child when becomes legitimate by a legal document  after marriage of parents   get some property rightsand here a adoption without legal document will get nil..

prof s c pratihar (medical practitioner &legal studies)     09 November 2008

dixitjee are you on leave?


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