• Property as a gift

I was brought up by my aunt ( father's cousin sister) who later married when I was four years old. My adopted parents brought me up and got me married. Till date I consider them as my parents and they have never differenciated me from their own son who was born when i was 4 years old. But I was not legally adopted by them. My biological parents did not want to give me in legal adoption though I never lived with them since the time I was 40 days old. Today I am 49 years old.
My query is if they wish to give me a property is it acceptable by law? If my foster brother wishes to give me a flat or equivalent amount, is that allowed?
Asked 2 years ago in Property Law
Religion: Hindu

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14 Answers

Dear Sir,

You can accept property given by them as gift even though you are not legally adopted.  80 % of adoption or not registered in India and all are customery in nature followed by conduct of the adopted parents.  Thus you can even claim equal share along with your brother since yours is deemed adoption and it can easily declared by the courts.

Netravathi Kalaskar
Advocate, Bengaluru
4952 Answers
27 Consultations

4.8 on 5.0

An adoption without valid paper work i.e an adoption which is not admissible under the Hindu Adoptions and Maintenance Act, 1956. But in the absence of any documentary evidence to prove that you have been adopted by your aunty the burden of proof lies on you and through oral and other circumstantial evidences you can prove your case i.e you are really adopted by your aunty on such and such period. 

In the famous case titled Addagada Raghavamma And Anr vs Addagada Chenchamma And Anr 
Equivalent citations: 1964 AIR 136, 1964 SCR (2) 933 the court held that "It is well settled that a person who seeks to displace the natural succession to property by alleging an adoption must discharge the burden that lies upon him by proof of the factum of adoption and its validity. Their Lordships went on and said that 'ordinarily' an only son is neither given nor taken in adoption.

Hence if you can prove your adoption through strong oral evidences and other circumstantial evidences then you will have an absolute say in your adopted parents property otherwise you will be one among the other Legal Heirs who would have their share accordingly.

Mohammed Mujeeb
Advocate, Hyderabad
19011 Answers
28 Consultations

4.5 on 5.0

Your aunt can execute gift deed in your favour in respect of her immovable property 

 

2) gift deed should be duly stamped and registered 

 

3) your foster brother can also execute gift deed in your favour 

 

4) it is not necessary that you be adopted 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

1) you can be receipent   of property without being adopted 

Ajay Sethi
Advocate, Mumbai
84070 Answers
5480 Consultations

5.0 on 5.0

Yes your aunt can gift you property through a gift deed or will. Yes that is allowed and valid in law.

Without being legally adopted you just cannot inherit on there demise otherwise by will or gift they can give you property.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
147 Consultations

5.0 on 5.0

Yes you can part of property transactions.yes you can legally receive property there is no issue in that. Not legal issues at all.

Shubham Jhajharia
Advocate, Ahmedabad
25518 Answers
147 Consultations

5.0 on 5.0

A registered gift deed can be executed in respect of immovable property and a ordinary gift deed may be executed for cash gift.

There is no legal infirmity in it..

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

You can participate in the dealings as an outsider or as an adviser but cannot claim any rights in it.

T Kalaiselvan
Advocate, Vellore
74174 Answers
1203 Consultations

5.0 on 5.0

Yes that is allowed.

they can give you the same by means of a gift deed.

Regards

Anilesh Tewari
Advocate, New Delhi
17870 Answers
335 Consultations

5.0 on 5.0

There will not be any problem if the father and the som do not have any problem.

you may get the property by means of a gift deed and make the foster brother and legal heirs a witness to the same.

Regards

Anilesh Tewari
Advocate, New Delhi
17870 Answers
335 Consultations

5.0 on 5.0

Yes it is allowed as he can gift you also. But got can't take Property of both biological and adopted parents

Prashant Nayak
Advocate, Mumbai
24239 Answers
51 Consultations

4.4 on 5.0

1. The concerned relatives can execute a proper registered GIFT DEED, in your favor for the properties that they wish to give it to you. Legally there is no bar or restrictions, at any time in future.

Keep Smiling .... Hemant Agarwal

Hemant Agarwal
Advocate, Mumbai
5546 Answers
25 Consultations

5.0 on 5.0

If the property not by inheritance property, No issues. It should be bought by your foster parent by his earnings. 

Or, if it is inheritant property , Ask both Foster Parent and Son to sign the documents for the property 

G Suresh
Advocate, Chennai
394 Answers
5 Consultations

4.9 on 5.0

Law is you can receive property from them through the gift deed and transfer of gift deed is irrevocable. 

Feroz Ahmad Parrey
Advocate, Srinagar
16 Answers

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