Dear Sir/madam, We had given my Brother(my father first son) to my uncle(my father own brother) for adoption at the age of 3 months, now he is 38 years old, we don't have adoption agreement for the same. However all his(adopted son) certificates/Aadhar shows his Adopted parents name. my uncle sold some of his property for financial crisis and now he and my brother is demanding the share in my father Ancestral property and planning go legally. 1.According to law, Adopted son will get share in Biological father property? 2.Since we don't have any documents, did they stand a chance win against us? 3.What needs to be done from our end to get rid of this in the future for saftey of my kids? Please suggest/guide me in this regards. Regards Sreehari Y
Sreehari,
If your brother name is related to your uncle name and all his identity papers are with uncle's name jointly. Than he do not have any share in the Biological father's property.
You need to proper as per his educational certificates, 10th & 12th , graduation etc plus identity card like AAdhaar , PAN card etc.
If all the ancestral property papers on your name as of now then you can transfer all those title to your children name by way of gift deed and you remain as guardian.
1. In the absence of Adoption Deed, your brother continues to be a son to biological father.
2. It's likely that they have a fair chance to disprove adoption of your brother.
3. Can you elaborate on father's ancestral property please?.
Adopted son has no share in biological parents property
2) if there is no evidence of giving and taking ceremony and no deed of adoption you would find it difficult to prove child was adopted
3) your case should be child
Was given in adoption . Rely upon testimony of witnesses who were present when child was given in adoption
also fact that all his documents bear his adopted parents names
1. The adopted child relinquishes all rights over its biological parents but the adoption should be a legally valid one.
2. It depends on how your advocate proves your case to convince court your arguments and reasons.
3. Your kids rights will derive from your rights alone, the adopted son cannot interfere in your kid's rights.
1. Yes, as per the Supreme Court , an adopted child is having the right to inherit in his biological father property under section section 12(b) of Hindu Adoption and Maintenance Act, 1956.
- Hence, an adopted child can claim on their adoptive parents’ property.
2. For claiming the right over the property , the claimant has to submit proper proof of adoption by the biological father.
- In the absence of not producing the documentary proof by the adoptive son ,he cannot claim any right .
3. The adoptive son cannot take the share of other kids .
1. Yes they have right. But adoption can be proved here without adoption agreement also. Witnesses and statements will do. So they cannot take property.
2. 10%
3. File a declaration suit in court to declare that he was adopted by your uncle., keep court orders of yoir declaration suit for future use.
Yes he may get but if challenged you need to prove the adoption through witnesses.
Yes they have a fair chance against you.
Due permission of CARA and registered adoption deed is beneficial
Adopted son belongs to the family which adopts him and cannot claima anything from his previous family. A deed should exist but it is not necessary. Their names are registered as son and father that is sufficient.
They cannot demand anything now from your father's property.
However they do have a share in the ancestral property.
1. Adoption under Hindu law is a complete transplantation of the adopted child in the family of his adoptive parents and results in an absolute severance of his legal relationship with his biological parents who gave him in adoption. However, adoption can take place only through a registered adoption deed.
2. Since there is no adoption deed he continues to be the son of his biological father for all legal and practical reasons, and can seek his share in any of the properties which are ancestral in his hands.
Without a deed of adoption, it would be difficult to prove the adoption. There must be some evidence in hand that the person was actually given and taken in adoption by the parents. These can be proved by one or two witnesses to such adoption.
Name of father written on various documents can be challenged to be wrong.
Further it can be easily proved who is biological father with help of medical test.
If adoption can not be proved, the person shall have full right to property of his biological father.
1. After adoption adopted son has no right in biological son's property.
2. See based on the official record and his certificates and other evidence you may contest.
3. Your father may make will of his complete property to you or other siblings as he wish.
1) An adopted son will not get share in his Biological Father's property. If his adoption is done by way of giving the son in adoption followed by adoption deed.
2) It is very difficult to prove, but using the witness who were present at the time of giving in adoption of your brother he / she to testify adoption further, the documents / certificates which your brother holds have adopted father's details, as such, inference can be drawn. This aspect will come to your rescue.
3) Collate all his documents / certificate i.e., SSC, Educational certificates, PAN, Voter ID, Aadhar Card, Driving License etc., wherein his adopted father's name is reflected.
You can also given news paper notification with regard to the above adoption disowning your brother from your family in two news papers i.e., one in vernacular language and other in English Language.
1. No under any circumstances . However to oust the adoptive son from biological father the adoption is to be proved.
2. Since you don't have proof your brother can now claim share from your father's property.
3. He has share only in ancestral property of your father. Apart from this your children are safe.
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. NO share in biological parents assets.
To prove valid adoption, it would be necessary to bring on records that there had been an actual giving and taking ceremony, Photographs etc. Certificates/Aadhar are valid proof of adoption.
If your father is alive, he can execute WILL. if expired than have to prove adoption, Issue will solve once for all.
1. Adopted son has no right on his biological father's properties. However, you shall have to establish the said adoption as valid.
2. Yes, he can take the stand that he was never given in adoption to anybody legally and in that case he has a chance to has a chance to establish that he is also one of the legal heirs of his biological father to claim his share of his father's properties.
3. You shall have to collect evidence that he was given in adoption to your Uncle either by registering an adoption deed or by performing religious act for which photographs will be required to substantiate your claim.
In Hindu law custom provides and if it is proved that your uncle allowed his name to be used as father i.e the official documents etc. then he legally adopted. In the circumstances he will not entitled to claim the property.
1. No adopted son have no rights in property of biological father.
2. Chances for them to win the case are not that good as all the documents of your brother have adopted father name.
3. If property is on name of your father then he can make a registered will in your favour so that you can easily claim his property after his death.
1. Adopted son,if vested with any property prior to adoption shall continue to vest with the property(section 12(b) of The Hindu Adoptions & Maintenance Act,1956).
2. The real question is whether the property in the hand of your father is ancestral or self acquired property. The property can be ancestral or co-parcenary qua you and your adopted brother, if, it was inherited by your father from his father, who inherited from his father, thus it must be your grandfather fathers property.
3. If it is not ancestral, then your father can gift the same to you by registered transfer deed, so that the matter comes to an end.After getting transfer, give a public notice of the same.
Hi All, Thanks for the clarifications! , to be just precise.. 1. Ancestral property details: my father got his share of property from his parents and same is registered on my father name. 2. siblings details: my parents are having 3 children out of first child is adopted by my uncle(same first name), second child is myself and i have one younger sister who is married. 3. query: my brother is trying to get property share from his biological father(my father), Adoption agreement was not made however Hindu rituals are performed along with all family members. witness people are alive, all his identity proofs are showing his name as S/o of adopted parents name like Adhar/Ration card and educational certificates. can i ask my parents to register properties on my name in that case what is needed from by my brother who is adopted by my uncle any obligations? 4. what are the future risk can face by me and my son, guess if the property registration is not done on my name at present. what type of actions to be taken with what measures please explain? thanks alot for your precious time regards sreehari
Giving and taking ceremony was performed
2) further in his school records and other documents adopted parents name is shown
3) ask your parents to execute gift deed in your name during father lifetime
4) gift deed should be duly stamped and registered
5) in alternative parents can bequeath property to you by will
adopted son has no share in biological parents Self acquired/ancestral property .
Your father can execute gift deed Or registered will in your favour.
Any photograph/video of adoption ceremony available ? If yes than strongest evidence. He is disown by virtue of sec 12 of the act. His case will dismiss.
Through what mode property acquired by your parents ? Intestate succession ? If yes and 4th generation is born than property has acquired ancestral status.But before that son was given in adoption.
No harm, he has no claim.
Tell your parents to execute WILL or gift deed in your favor. Brother has no say.
Just keep adoption proof. You interest in the property is safe.
If it's an ancestral property and the share is not given to other heirs then they can claim the same. The agreement of sale will be cancelled by court if the share of the heirs are not given to them.
- After getting share in the ancestral property , now the said property is self acquired property of your father, and he is having his right to transfer the same by way of Gift to any body as per his wish.
- Since , the giving and taking ceremony was performed in the presence of witnesses , hence it can be a legal proof .
- Yes, legally he can transfer his self acquired property by way of gift in your name , and permission of the adopting son is not mandatory.
- As per Registration Act, the Gift deed must be registered from the office of Registrar.
1. See if your father in his life register all the property to you wide a gift deed or make the will of same in your name then in that case your brother has no right in the property also you do not need any consent or permission for the transfer from the brother.
2. See if the property is not registered the brother may file suit and property may go in litigation for a long time.
Get the property transferred to your name and when that your brother creates any problem in future than you muat have witnesses in your favour to prove that he was adopted and doesn't have any right over the property
1. Then it is not considered as ancestral property, it shall be your father's own and absolute property and shall devolve on his own legal heirs upon his intestate death.
2. The son, if adopted legally, cannot claim any share in his father's intestate property as a right.
3. As a matter of fact neither your brother was adopted nor you can claim any share in the property as a right during the lifetime of your father.
Thus if your father wants to transfer his share of property inherited from his father to you or to anyone of his choice, nobody can question his authority. Your father can very well transfer his property to you by all means and it is legally valid.
Your brother who was adopted by your uncle cannot claim any share in it as a right.
Whether is an adopted son of your uncle or not shall be decided by court on the basis of the evidences produced before court to establish the same even though there is no registered adoption deed.
4. If the property has not been registered on yor name by your father during his lifetime and he is reportedly dies intestate then the property shall devolve on all his legal heirs excluding your adopted brother.
Dear Sir,
My answers are as follows:
1.According to law, Adopted son will get share in Biological father property?
Ans: No, he has no right in the property of Biological father’s property.
2.Since we don't have any documents, did they stand a chance win against us?
Ans: In India for several issues like adoption, marriage, second marriage etc., oral evidence, secondary and circumstantial evidence and conduct of the parties will be taken into consideration thus you can establish adoption easily with available evidence.
3.What needs to be done from our end to get rid of this in the future for saftey of my kids?
Ans: you can file a declaration suit accordingly.
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Dear Sir,My further clarifications are as follows:
1. Ancestral property details: my father got his share of property from his parents and same is registered on my father name.
Ans: Yes, in that property your brother has not share.
2. siblings details: my parents are having 3 children out of first child is adopted by my uncle(same first name), second child is myself and i have one younger sister who is married.
Ans: Your elder brother is excluded from sharing this property.
3. query: my brother is trying to get property share from his biological father(my father), Adoption agreement was not made however Hindu rituals are performed along with all family members.witness people are alive, all his identity proofs are showing his name as S/o of adopted parents name like Adhar/Ration card and educational certificates. can i ask my parents to register properties on my name in that case what is needed from by my brother who is adopted by my uncle any obligations?
Ans: available evidence is sufficient and you may ask your father to register his properties in your name. He is entitled in the properties of his adopted father. His adopted father’s alienation of entire properties is illegal. He ought to have sold only his share not more than that. To that effect the adopted son may file a suit.
4. what are the future risk can face by me and my son, guess if the property registration is not done on my name at present. what type of actions to be taken with what measures please explain?
Ans: You are fully entitled and if your adopted brother files a suit it will be dismissed.
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According to the Hindu Adoptions and Maintenance Act, 1956, after adoption, the adopted children lose all their rights in their biological family, including the right to claim any share in the estate of the biological father or relations, or any stake in the coparcenary property
1. This property has not attained ancestral character yet in the hands of anyone.
2. Your younger brother is the son of his biological father for all legal reasons as adoption deed was not executed. Hence, he would succeed to the property of his father as a Class 1 heir along with other Class 1 heirs if he dies intestate,but during the lifetime of father he has no share in his properties.
3. Your father is free to transfer his properties to you during his lifetime. Nothing is required from your brother as he has no share in the properties of his father during the lifetime of latter.