• Adoption rights

I and wife adopted a boy at his age of 27 yrs . Now we want to discontinue the adoption . What are his rights in our property and ancestral property . Now adoption above 15 yrs is invalid , our community custom is to adopt at older age also . But since he does not belong to our temple he was not accepted as son from my registered temple . What are the consequences , please clarify .
Asked 4 years ago in Family Law
Religion: Hindu

3 answers received in 30 minutes.

Lawyers are available now to answer your questions.

10 Answers

Sir you can alienate/ transfer the property through will or gift to whom you wish so he wont have any right in the property but in case the adoption is complete under the law now there is no such process of disowning as you on your free will adopted.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

A 27-year-old is considered to be an adult in India. He or she can decide to live with anyone of his/her choice. So the question of adoption doesn’t even arise in this case.

The child must be less than 15 years as per Hindu Adoption.

Mohammed Mujeeb
Advocate, Hyderabad
19031 Answers
32 Consultations

4.5 on 5.0

hello

the adoption is irrevocable and cannot be cancelled. he has no rights to your property if you don't give him any, but, but has rights in your ancestral property. the law does not recognize the concept of temple or rituals if it was a valid adoption as per the HAMA, 1956, it will hold.

regards

Rahul Mishra
Advocate, Lucknow
13760 Answers
65 Consultations

5.0 on 5.0

If you have customin your community then adoption is valid

2) he can claim share in your ancestral property

3) he has no share in your self acquired property during your lifetime

4) you can execute will bequeathing property to whomsoever you please

Ajay Sethi
Advocate, Mumbai
87947 Answers
6207 Consultations

5.0 on 5.0

You may disown him from any right from your property as he is legally can not be adopted.

Simply publish an advertisement in local news paper that you have no relationship with him and will not be responsible for any of his act. You need not to disclose that he is your adopted son.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

The adoption itself was invalid since the boy passed the mandatory limit of 15 years.

So when the adoption was itself null and void in the eye of law there is no requirement to cancel it anymore.

If your customs so allows then the customs is to be strongly proved .

So to avoid dispute cancel the adoption as per your customary norms.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

Sir he have all the rights... because once u adopt a boy.. then u can not discountinue...

Kavery Anand Pandharpurkar
Advocate, Bangalore
323 Answers
12 Consultations

Not rated

Dear Client,

Even adopted son can be disinherited, no right in property once disinherited and adoption above 15 years of age is invalid. Adoption of old kids customs prevails in your community but from same temple, so as per custom also it is invalid. No right in property and for precaution, issue public notice in local daily.

Yogendra Singh Rajawat
Advocate, Jaipur
21481 Answers
31 Consultations

4.4 on 5.0

If it is not registered then the adoption is invalid.

Adopting an adult is not legally valid as per law.

Since it seems like an oral or notarised adoption deed, it is not valid hence he will not have any rights in your property.

Further you may issue a public notice stating that he is not your adopted son hence he do not have any rights in our properties in any manner and any act done by him to claim any share in the property is illegal and invalid.

T Kalaiselvan
Advocate, Vellore
78104 Answers
1543 Consultations

5.0 on 5.0

It needs to be clarified whether the adoption was done by means of any deed of adoption and, if so, whether the deed was duly registered. By whom was the boy given in adoption? Was there any ritual followed according to any community tradition for adoption? If these details are given, appropriate advice can be rendered.

Swaminathan Neelakantan
Advocate, Coimbatore
1923 Answers
20 Consultations

4.9 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer