See proof of his adoption is required to stake claim on his assets if there is no.formal deed the documents of your father if they have name of his adoptive father same can be used to support the claim.
Property issue
Dear Intellectuals , My Father MR kamlesh of age 65 was adopted by his uncle (Biological mothers's Brother) at the age of 10 in year 1965, but adoption was not registered as per Hindu law. My Fathers's uncle does not have any kids at the time of adoption, by his current wife, but latter after some years he got another marriage without divorcing his first wife and have 5 sons and 2 girls. My father expend his entire life with them but now his cousin brother is providing any share in the property. Since my father is a adopted son but does not have a legal adoption certificate. Are they eligible for stand to fight for a claim on uncle property ? Please guide me in this regards , Do we stand a chance to contest in reputable court of India.
Asked 6 years ago in Property Law
Religion: Hindu
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17 Answers
Yes he can claim the same as he was adopted son is a accepted fact for years
Dear Sir, As my father was adopted by His biological Mother's brother. So is my father eligible to file a partition suit on the behalf of his biological mothers. As my father biological mother and uncle who adopted my father was the real brother and sister. Note All person has been expired before 1996. Only my father and his uncle's sons are alive.
Asked 6 years ago
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 uncle 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 uncle 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."
"An adoption would divert the normal and natural course of succession. Therefore the court has to be extremely alert and vigilant to guard against being enshared by schemers who indulge in unscrupulous practices out of their lust for property. If there are any suspicious circumstances, just as the propounder of the will is obliged to dispel the cloud of suspicion, the burden is on one who claims to have been adopted to dispel the same beyond reasonable doubt. In the case of an adoption which is claimed on the basis of oral evidence and is not supported by a registered document or any other evidence of a clinching nature, if there exists suspicious circumstances, the same must be explained to the satisfaction of the conscience of the court by the party contending that there was such an 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 uncle's property otherwise you will be one among the other Legal Heirs who would have their share accordingly
What is reputable court in India?
Your father reportedly not adopted legally and have no documentary evidence to prove that he was adopted by his uncle, may not have any chance to claim any share out of his uncle's property.
However let him file a partition suit seeking partition of the properties left behind by his adoptive father on the basis of available documents, let the court decide about its fate.
Even though there is no proper adoption deed in favor of your father to prove his adoption as ;legally valid one, he may still file a partition suit on the basis of available document, if the court is convinced then it may pass an order making him eligible for a share out of his adoptive father's property
Yes he is
For valid adoption it is necessary that there should be giving and taking ceremony wherein child is given in adoption
2) deed of adoption should be entered into
3) Your father would be required to prove the fact of adoption (the burden of proof rests on the person who seeks to displace the natural succession by alleging an adoption), which would have to be valid under the Hindu Adoption and Maintenance Act, 1956
does your father have any persons who were witness to the adoption ?
was name of adoptive parents mentioned in his school leaving certificate and other documents ?
1. your father, being an adopted son, can claim his stake in the property by way of filing a civil suit for the partition of the property,
2. your father would require to prove regarding the fact of his adoption through witness/evidence/documents
1. There can be no adoption without adoption deed. Adoption deed has to be made and then registered.
2. Even if your father files a suit for declaration of his share in the property of his uncle who adopted your father then his cousin will question the validity of adoption. The case will collapse like a pack of cards unless your father is able to prove the factum of adoption through cogent documentary evidence.
In order to prove adoption, there needs to be an Adoption Deed.
Ceremony of adoption needs to be performed, i.e., the biological parents giving the child to adopted parents in adoption.
Case on hand, your father has to prove his adoption. Since, it happened in 1965, he may produce at least witnesses to the said adoption.
Last chance, if his adoptive parents name is reflected in educational certificates viz., school leaving / PUC etc. it will serve the purpose.
A valid adoption can happen only if there is a adoption deed or it was done as per Hindu rituals and ceremonies.
In view of the recent supreme court order mere bringing up a person as hs own child and giving recognition to the public as his own child is not enough to prove adoption.
So in other words if you father proves the adoption in curt, he can take his due share n the property.
Father can file suit for partition for adi price parents though proof for same is requiered of there is no proof of adoption he van seek share in his biological parents property.
Consent of wife and Actual Ceremony Of Adoption Essential For Valid Adoption OR registration of adoption deed. If first 2 facts can be prove, he can claim partition.
Biological mother have no claim in her brother property.
Make your stand that he was adopted by adoption ceremony.
1. Yes your father can legally claim share from the property of your grandfather as he was adopted by his step father and lived with them from past 55 years
2. Your father can file partition suit to claim share from property of his adoptive father
If there is no adoption deed then you have to prove your case based upon facts and circumstances and circumstantial evidence. You have to show that there were witnesses to the adoption and your father lived with his uncle (mama) all his life.
Yes a partition suit must be filed. You can get relief.