• Deemed adoption

My father's biological father died when he was an infant. My grandmother married again. My father was brought up by my grandmother's second husband as his own son. My father uses his name in the father's column. My father's siblings from the second marriage was brought up as brothers and sisters. Now we are facing legal issues with them. My grandfather is no more. There is no formal adoption deed, but in all the documents my father uses his name in the father's column. Also we have a self declared affidavit by my grandfather stating that my father and my uncle (biological son from second marriage) are legal heirs. Can we use this affidavit and all the documents to claim that my father was adopted and has all legal rights as natural born.
Asked 14 days ago in Property Law from Hyderabad, Telangana
Religion: Hindu

Yes you can claim the same through the said affidavit and seek your share

Prashant Nayak
Advocate, Mumbai
12963 Answers
23 Consultations

4.6 on 5.0

There is no giving and taking ceremony performed 

 

2) no deed of adoption executed by biological mother in favour of your step father giving child in adoption 

 

3) affidavit executed by grand father died not entitle your father for share in property as it is not a will attested by 2 witnesses 

 

4) your father has no share in property of step father 

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

Suit has to be filed to set aside fraudulent transfer of property within period of 3 years of discovery of fraud 

 

burden of proof is upon you to prove rhat that you are adopted son 

Ajay Sethi
Advocate, Mumbai
67029 Answers
4046 Consultations

5.0 on 5.0

It's not a easy task. Even if he tries to create issues still your father has all legal rights

Prashant Nayak
Advocate, Mumbai
12963 Answers
23 Consultations

4.6 on 5.0

Your father can not claim any right in step father's property.Your father may only get rights in mother's personal property.

Mohammed Mujeeb
Advocate, Hyderabad
10264 Answers
3 Consultations

4.5 on 5.0

See if there is no legal adoption then in that case legally your father has no share, though based on affidavit and his documents you can contest the suit if uncle file same and can seek share from.the property.

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

See burden of proof is on uncle you have sufficient evidence to proove that in all father's document name of Grand father is there now to prove otherwise uncle need documentary proof on record.

Shubham Jhajharia
Advocate, Ahmedabad
19398 Answers
76 Consultations

5.0 on 5.0

For lawful adoption there must be a valid adoption deed executed in accordance with adoption law. 

Without this no adoption shall have any legal force to claim any benefits that may accrue thereto.

Kallol Majumdar
Advocate, Kolkata
1410 Answers
2 Consultations

5.0 on 5.0

In birth certificate and through many documents like death certificate of biological father, marriage proofs etc. this can be prove, he is not biological son and for valid adoption, adoption deed is must. And affidavit cannot be used as WILL.

For any reason, on second husband death, his share inherited in wife and his biological child. If mother is alive she can give her half share to your father or if she is dead, than her half share shall inherit equally in both son. So your father has confirm 1/3rd share.

Yogendra Singh Rajawat
Advocate, Jaipur
13251 Answers
18 Consultations

4.6 on 5.0

Yes you can use the affidavit from your grandmother to prove that your father was step son of her second husband.

Your grandmother and father can file suit against the transfer of property to name of your uncle as they are also legal heirs of your grandfather.

Mohit Kapoor
Advocate, Rohtak
3599 Answers
1 Consultation

5.0 on 5.0

Self declared affidavit cannot be considered as a legally valid adoption.

Your father using his grandmother's second husband as father in the educational certificates cannot entitle him to become his adopted son.

Thus instead of trying to look for some legal solution to this which cannot be established, yor father may compromise with his step brothers and accept whatever they may give him as his share in the property.

 

 

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

How would yo9ur father prove that his step father adopted him ?

Is he having any adoption deed that is legally valid and recognised by law.

Just by writing his name in the column of father canot entitle him to establish the relationship as adopted father.

 

T Kalaiselvan
Advocate, Vellore
56755 Answers
706 Consultations

5.0 on 5.0

Dear Sir,

Adoption need not be compulsorily be registered as such it can be deemed by the conduct of adoptive parents .

In the above case there is ample conduct to deem that your father is the adoptive son of your grand-father . As such your father can claim equal share in the properties of adoptive father.

Kishan Dutt Kalaskar
Advocate, Bangalore
4440 Answers
112 Consultations

5.0 on 5.0

1. your father and his brother born out of wedlock between your GF and his second wife, are both legal heirs of your GF u/s 8 of Hindu Succession Act read with Schedule 1

2. the HSA does not differentiate between children born from different marriages of a male Hindu

3. there is no question of any adoption in this case

4. your father will have to file a suit against his brother to claim his legal share in the property left by your GF 

Yusuf Rampurawala
Advocate, Mumbai
4459 Answers
25 Consultations

5.0 on 5.0

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