• Legal adoption

Hi i am Shilpa c aged 30 years, female, from bangalore
My question is - I was not legally adopted by my parents(neither through papers nor through a ceremony; my adapted mother and biological mother are siblings). All my documents like marks card, aadhar card, driving licence, pan card etc have my adapted parents name on them.... Can i claim property of my biological father? and the birth certificate of mine and service book of my biological father shows me as their daughter. The property my biological father posses is inherited by him from his father through a will. Please guide 
Thanks in advance
Asked 8 years ago in Family Law
Religion: Hindu

14 answers received in 1 day.

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17 Answers

Yes you can, keep the documents safe with u and keep originals out of reach from them and solely in your custody hidden elsewhere.

Yes lodge an FIR and file an injunction with immediate effect.

Aveek Bose
Advocate, Kolkata
1222 Answers
9 Consultations

Only on demise of your biological father intestate can you claim share in property standing in his name

2) during biological father lifetime you have no share in said property

3) property inherited by your father from your grandfather is not ancestral property

Ajay Sethi
Advocate, Mumbai
99793 Answers
8147 Consultations

Dear Madam,

1. Yes, you can by filing a suit for partition.

2. When records are there then you must try for a share in the properties of biological father.

3. Since there is no adoption deed and it is not in writing as such it is very difficult for the other party to prove that you are the adopted daughter of alleged adopted parents.

4. Immediately file a suit for partition.

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For more details you may visit the following link

https://en.wikipedia.org/wiki/Partition_(law)

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

1. You are not legally adopted by your adoptive parents whose names reflect as your parents in your documents. For adoption to take place the biological parents are required to execute a deed of adoption in favour of adoptive parents. If there is any other heir of your adoptive parents then he can question your claim in the civil court.

2. You can claim succession to the property of your biological father as your adoption has not taken place.

3. During your lifetime your biological father was at liberty to transfer his property to anyone he desired. Consequently, you cannot challenge the gift deed made by him except on the ground that his consent to the execution of the said gift deed was obtained by force, undue influence, or fraud.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

Yes you can as it is a inherited property. If it is his self acquired property he has right to give it to anyone in any proportion without your consent.

Prashant Nayak
Advocate, Mumbai
34527 Answers
249 Consultations

Hello,

Your father during his lifetime can dispose off his property as per his will. It does not matter that he is transferring the same too her daughter or to some third party.

You can only make a claim on the ancestral property or you can make a claim in the property once your father passes away without a will.

regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Note: As per law you are not entitled to the share of self acquired property of your biological father and therefore you can not challenge the gift deed.

Regards

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

When u have his name on ur document then u r his legal daughter u can go file a suit if the ur father is not mentally fit to do so and if he is fit then u can not do anything.

Subhendu Ghosh
Advocate, Barrackpore
234 Answers

Yes Shilpa, you are entitled to a share in your biological father's share. However the exact nature of the property you're referring to remains to be examined by scrutiny of documents.

I'm available for advice on .

Chidanand Kulkarni
Advocate, Bangalore
21 Answers
2 Consultations

Hi

If you were socially given as adoption to your adapted mother then you legally cannot claim anything from your biological parents.

But if you really want the property then file a case for your share and prove that you were just given to them as love and affection not as adopted daughter.

Thank You

Rahul Jatain
Advocate, Rohtak
5365 Answers
4 Consultations

The child is entitled to inherit from his adoptive father and other lineal descendants, like a biological heir. At the same time, the adoptive father and his relations too are entitled to inherit from the adopted boy. A child can only be adopted if he/she is Hindu, not previously adopted, unmarried and has not turned fifteen yet.The property rights of an adopted son/daughter are limited only to inherit the property of his/her adoptive parents. But, at the same time, if the natural parents want to give their property to their natural child, they may do it by way of gift or will.

Thus, it can be inferred that for all intents and purposes, the adopted child is treated like a biological child into the family into which he/she has been adopted and is considered the descendant of the family.

Now in your case since there is no Adoption papers or ceremony, this shows you are still the child/legal heirs of your biological parents and your adapted parents can be like a legal guardian.

But you cannot challenge a gift deed. As your biological father has gifted to his heirs during lifetime that cannot be challenged. If the other heirs are able to prove that this properties were self acquired properties your biological father then you would not have much grounds. But if you are able and confident to prove these were ancestral properties or HUF properties or those self acquired properties were for the money of ancestral properties then you can challenge. But then again “Adoption need not be registered as per Hindu law”. There are few judgments over it. They can dismiss your suit as well since you did not have registered documents like Adoption papers, but your identity proofs prove that you were adopted. And one more point, if by chance you bequeath your biological father inheritance then you can never claim or lose vested interest over Adapted parents shares, properties, inheritance.

Now please read the judgment of [Uttam vs. Saubhag Singh & Ors.]

(SC, 02.03.2016)

Civil Appeal No. 2360 of 2016

This will clearly give you the definition of ancestral properties.

Yugal Anjana Bhatia
Advocate, Mumbai
47 Answers

In a significant judgement, the Bombay high court has held that a child given away in adoption cannot claim any right in the property of his biological father.

Rajaganapathy Ganesan
Advocate, Chennai
2300 Answers
8 Consultations

Dear Client,

By virtue of WILL, property become his personal property. no right of any child and father can disinherit or gift this property to any of his choice.

If no valid adoption than u can claim share in his property only after his death (intestate)..

Yogendra Singh Rajawat
Advocate, Jaipur
23082 Answers
31 Consultations

The adopted child has a full right to inherit the property of his/her adopted parents at par with biological children.

An adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of the adoption.

And further an Adopted child has no right to property of biological father i.e. A child given away in adoption cannot claim any right in the property of his Biological father.

But if, there is a WILL in favour of you from your biological father, then only you can get that extent share.

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Whether you are a biological daughter of your father or not, you cannot claim any share in his property as a right during his lifetime.

Since there is no legal adoption, your adoptive parents cannot claim adoption or you as their adoptive daughter.

You can claim rights in your father's property only in the event of his intestate death and not during his lifetime

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

My biological father has already given a plot of land to his daughters as a gift deed (this property he has inherited from his father through a will, i mean its ancesetral). Can i claim that property which has already been transferred without taking my consent

The property inherited by your father from his father shall become his own and absolute property.

This cannot be termed as ancestral property

Hence it is his own right and desire that he has gifted his property to the person of his choice.

Your father's authority over his property cannot be questioned by you or anyone.

You do not have any right in the property during the lifetime of your father.

T Kalaiselvan
Advocate, Vellore
89995 Answers
2496 Consultations

All such properties which he leaves behind without executing any will in their respect, can be claimed by you.

He did not needed your consent to gift his self acquired property to any one as per his wish. You cannot claim this property.

Vibhanshu Srivastava
Advocate, Lucknow
9763 Answers
323 Consultations

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