• Alleging as an illegal adoption

I m seeking an answer for my wife, 38 years of age ,single child of her parents .Her father has died when she was at the age of 5 and mom died about 2 years back . The will is been written under my wife's name as successor on 2014 . Her mom has been undergone for ear cancer and subsequent mental illness treatments before she died at the age of 75. How ever , with out any knowledge of my wife , she is been persuaded by one her relative( she was mentally illness like memory loss ), has registered some of her properties under their name and she had no idea about it when we asked about the incident. Wife objected the same and these relatives are alleging that she has not right to ask since she illegally adopted . Sir , there is not any concrete evidence that ever leads to her adoption .Wife's all records shows that they are the only parents to her. My question is could she defend the case in the court with full of confidence ? and also if someone who crossed 68 , could be able sell the properties with out any consent of kids .
Asked 7 years ago in Family Law
Religion: Hindu

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9 Answers

Sir, getting transfer of property under the influence of mental illness is void and invalid agreement... Register a police complaint regarding it, and state all the facts.. Once the FIR gets registered , file a civil suit for permanent injunction against them

Hemant Chaudhary
Advocate, Gurgaon
4630 Answers
67 Consultations

1) was giving and taking ceremony performed ?

2) for valid adoption it is necessary that biological parents give child in adoption to adopted patents

3) you have not mentioned what records you have to show that adopted parents are the parents of your wife on her records

4) your wife should apply for probate of will

5) also file suit to set aside fraudulent transfer of property as mother was suffering from mental illness

Ajay Sethi
Advocate, Mumbai
96806 Answers
7811 Consultations

1. Well,any deed executed under coercion or during mental illness of the person who had no idea about the proeprty getting transferred is null and void .

2.So your wife if can prove in court that she ws misled or taking advantage of her illness she was forced to give that proeprty to her relatives the court would set aside the deed.

3.The issue of adoption is of no relevance here as her mother has eft a wILL.

4.So get a Probate done of that Will.

Devajyoti Barman
Advocate, Kolkata
23198 Answers
511 Consultations

Yes you may go ahead and contest the case and since you are saying that she has some mental illness also so that will become a ground that the transfer should not be considered illegal. Also, you do not have to worry about the allegation that your wife is adopted since you have a will in your favor, it is advised that you get it probated.

Regards

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

Please do not worry about the same, if birth certificate is with you then please do not worry about it.

They are just alleging so that you dont go to court

Anilesh Tewari
Advocate, New Delhi
18090 Answers
377 Consultations

1. You say that a will was made in favour of your wife, and that some properties were registered by her mother in favour of a relative. It is not clear whether the deed of transfer in favour of your wife's relative preceded or succeeded the bequest made in favour of your wife.

2. If the deed of transfer was made subsequent to the will then your wife can challenge it in the court through a suit for declaration on the ground that it was not made by her mother with her free consent, but she will have to prove the absence of free consent.

3. Consult a lawyer with the will and transfer deed.

2.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

1) birth cartificate clearly mentions their names as parents

2) further school leaving certificate withdraws also reflect their names as parents

3) there is no evidence that your wife is adopted child

4) she should apply for probate of willas advised earlier

Ajay Sethi
Advocate, Mumbai
96806 Answers
7811 Consultations

A person who is having marketable title to the property can sell the same to anyone, age is not a restriction for this.

The relatives are not the authority to decide about her title to the property.

If they have any grievances they can approach court for relief.

T Kalaiselvan
Advocate, Vellore
87007 Answers
2335 Consultations

It is the duty of the person to prove the allegations of adoption before court.

The daughters can maintain silence till then.

T Kalaiselvan
Advocate, Vellore
87007 Answers
2335 Consultations

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