• Adoption deed missing

I am planning to buy a property of a person who's brother he says has been adopted to his aunt in 1924. But he doesn't have an adoption deed to prove the adoption. Wil his adopted brother or his kids be able to claim share of this property after i buy?
Asked 5 years ago in Property Law
Religion: Hindu

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11 Answers

Hello

If the property is jointly owned by the brothers then unless both of them consent to the selling of the property it cannot be done. Therefore if one brother is adopted then you can purchase the property from him but there has to be an adoption deed and the property must be mutated in the sellers name. A requisite due diligence is required. Talk to his adopted brother and his aunt who is now his mother.

Regards

Rahul Mishra
Advocate, Lucknow
14081 Answers
65 Consultations

5.0 on 5.0

Ask the adopted brother to sign the deed as witness in the sale deed and give an affidavit regarding the adoption to safeguard your rights otherwise the brother can make an claim on the property,

Further if the property is of brother himself self acquired then he has no share, but if it came from parents better to take an affidavit and signature in the sale deed.

Shubham Jhajharia
Advocate, Ahmedabad
25514 Answers
179 Consultations

5.0 on 5.0

If this property as on date stands exclusively on the name of the person from whom you're buying this, others won't be able to stake a claim in the property later.

Vibhanshu Srivastava
Advocate, Lucknow
9588 Answers
303 Consultations

5.0 on 5.0

Better u seek the detailed consultation by disclosing complete details in this case, so that exactly can be suggested to do

Mohammed Mujeeb
Advocate, Hyderabad
19299 Answers
32 Consultations

4.7 on 5.0

There is no evidence of any adoption

2) brother would be entitled to claim share in property

Ajay Sethi
Advocate, Mumbai
94522 Answers
7485 Consultations

5.0 on 5.0

Hi

1) In the absence of adoption deed, the seller or the predecessors in title should have got a letter of administration of properties issued by the court.

2) In absence of adoption deed and Letter of administration, then there are bound to be disputes on the property raised by other claimants.

3) In order to ensure that the property is litigation free, it is better to obtain the signatures of the following people in the sale deed :

a) All of the Legal heirs of Aunt (the seller should get legal heir certificate from court) .

b) Adopted brother and his legal heirs .

Hope this information is useful

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

5.0 on 5.0

Dear Sir,

Adoption an issue to be pleaded and proved as it belongs to the year 1924. There is risk in purchasing the property unless you take consenting signatures of all the legal heirs concerned. There must be some of other defence and title deeds please dig and search the alternatives before confirming to purchase.

Kishan Dutt Kalaskar
Advocate, Bangalore
6135 Answers
483 Consultations

4.8 on 5.0

Check the title of the property and scrutinizes the documents thoroughly.(Title deed is the most important document as it gives details about ownership, rights, obligations and mortgages on the property). Check the seller has valid and absolute title over the property. If he has absolute right over the property then no need to think about the adoption deed . But if the property obtained to him by way of succession adoption deed is important prior deed in this transaction.

Ajay N S
Advocate, Ernakulam
4072 Answers
110 Consultations

5.0 on 5.0

1. Even in 1924 the adoption deed required mandatory registration under the Registration Act.

2. However, if the title of the person from whom you wish to purchase the property is clear then his brother cannot claim a share therein. Get all the property documents vetted by a lawyer to ensure that title is free and marketable.

Ashish Davessar
Advocate, Jaipur
30763 Answers
972 Consultations

5.0 on 5.0

If it is the self acquired property of the said person then no one can claim a share in the said property.

Otherwise best will be to make the adopted brother a witness to the sale deed

Regards

Anilesh Tewari
Advocate, New Delhi
18077 Answers
377 Consultations

5.0 on 5.0

There are probabilities to stake a claim by all those unscrupulous people for want of money or wrongful gains.

Hence it is always advisable that first obtain a proper legal opinion before purchasing an immovable property from a skilled or an experienced lawyer

T Kalaiselvan
Advocate, Vellore
84711 Answers
2172 Consultations

5.0 on 5.0

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