• Legal advise on adopted child and his rights

Dear Sir/ Madam,

1. One of my Hindu Friend was adopted in 1965 (when he was 1 year old) by his mother’s sister (Massi) who had already 3 daughters but no son. This adoption was mutual and neither there was any legal documentation nor any social ceremony. 

2. During the course of time, father and 1 sister of my friend expired and entire Property and assets were transferred to the Adoptive mother.

3. Recently, the adoptive mother of my friend also expired. She left a REGISTRED WILL, giving all her property and assets in the name of my friend.

Now my Questions are :

a. Is this Adoption valid and legal in absence of any Legal Documentation or Social Ceremony or Registration with any Competent Authorities. Can my friend inherit the property in that case ?

b. Though the Will is Registered but it gives no details about the Adoption or Biological parents of my friend, Can he claim the entire property after getting Relinquish Deed from his 2 sisters ?

c. And if he is not qualified to inherit the entire property since his Adoption is NOT illegitimate or details of Adoption are not given in Registered Will, How the succession and inheritance of property will be decided? 

Shall appreciate your advice on the subject. What is the legal course to set the things right.

Marry Alva
Asked 7 years ago in Property Law
Religion: Hindu

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3 Answers

adoption is not valid as there was no giving and taking ceremony nor any deed of adoption

2) your friend can inherit the property as benficary under the will

3) sisters can execute relinquishment deed

4) best option is to apply for probate of will .

5) if sisters do not contest you would get probate in 6 months

6) in case lady died intestate property would have devloved only on her daughters

Ajay Sethi
Advocate, Mumbai
95198 Answers
7607 Consultations

5.0 on 5.0

1. The adoption is not valid at all. However your friend can get the proeprty anyway on the strength of the Will.

2.By Will one can give his proeprty to anyone he chooses. there is no difficulty and hence there is no requirement to give details of adoption nor your friend needs to give proof of adoption to claim his right on the basis of Will.

3. NA

Devajyoti Barman
Advocate, Kolkata
22920 Answers
497 Consultations

5.0 on 5.0

1. If the customary adoption prevailed in that place anytime before that, then this oral adoption can be claimed as a valid adoption.

2. He can act upon the will and also upon the relinquishment deed that may be exercised by his adoptive sisters.

3. There is no option to acquire the property if there is no will or adoption deed.

In this case there is a will confirming his acquisition of the property without any hassle.

T Kalaiselvan
Advocate, Vellore
85398 Answers
2235 Consultations

5.0 on 5.0

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