They can sell the land. If any issue comes you need to examine witness to that respect due to absence of adoption deed
Right of adopted son (Doesn't have any adoption document)
Dear Experts, My father (Hari parasd singh ) is 72 years old. He was adopted by his maternal grand father (Nana ji- Sh Mukhya ) when my father was about 8 years old. After the death of my father's maternal grand father his farming land was transferred to my father name in revenue record mentioning his maternal grand father as his father( Hari Parased singh S/o Mukhiya). My father continue his study having father name of his biological father ( Vijay pal singh). Now, All of his identity documents like Aadhar card, Pan Card, Voter ID card, education certificate have Hari prasad singh S/o Vijay pal Singh. Now, my father want to sell this land. will there be any legal issue. because he don't have any adoption document.
Asked 5 years ago in Property Law
Religion: Hindu
21 Answers
Your father should not have any issues in selling the land
2) name of your father is correctly mentioned in revenue records
3) further he has aadhar , PAN card which bears same name
4) merely because father name is different should not create problems
Unless there is any adoption the name of the natural/ biological guardian will be considered valid.
Regards
Dear ma'am/sir,
There won't be any issue in selling the land as all the documents bear your father's name correctly.
In order to avoid any confusion, it is advisable that yon mention the source of the property in the hands of your father in the recitals of the sale deed. Example: That, the schedule property has been inherited by the seller from his adoptive father Shri Mukhya ........ in the year so and so...
Best wishes.
The Adoption deed is relevant but mot whej it happened a very long time ago and he lived there and hence the lands were also transferred to him. Nobody asks why names are different unless anyone objects ie some relative etc. Therefore there is no issue.
He can sell the property without much problem.
If at all his father name is an obstacle, then he can prepare a notarized affidavit stating that both the names are one and the, which will be useful only for this purpose.
- Since, the said property was transferred in your fathers name in revenue record , then he is entitled to sell the said land.
- Further , as the revenue record and other identity documents are showing the common name of father , then also he will not face any legal issue for the selling the property even there is not adoption certificate .
To Mohd. Sahazad, Sir In revenue records the name is Hari Prasad singh S/o Mukhiya and in identity record like Aadhar card, Pan card voter ID card it is Hari prasad singh S/o Vijay pal Singh. During sell of land Registrar office may ask that identity is not matching.
Asked 5 years ago
Request the revenue authorities to correct name in revenue records
rely upon your school leaving certificate , Aadhar card which reflect your father name as Vijay pal Singh
Doesn't matter.
You have to file an affidavit along with NOC of all legal heirs from maternal grandparents for the transfer on the basis of land revenue records.
As per section 7 of HAMA 1956 ( The Hindu Adoptions and Maintenance Act 1956) ,it appears all major rules and regulations were complied with.
Your father who is of 72 years of age must be born in the year 1948 well before HAMA Act 1956.
He was of8 years of age when he was adopted.
Please inform us his DDMMYY to decide application of HAMA 1956 to the case of your facts.
Yes you need to get the name changed through official gazette to resolve that issue before registrar
- If , all the documentary proofs are in the name of biological father , then you should try to change the same in revenue record .
- Further, if name of your father was recorded after the death of your maternal grand father (Nana j- Sh Mukhya ) , then there is possibility to correct the name in revenue record after submitting all the documentary proofs which he having like Aadhar card, Pan card voter ID card.
- But , if his name was recorded by the maternal grandfather , then after his death this is not possible.
- Further if not possible , then you should change his fathers name as Mukhya in any of the document after submitting the papers of revenue record.
- For selling the property in question , he needs only one of the document similar to the land paper /revenue record.
In the sale deed, mention your father name and his father name is grand father name that he is adopted son.
No problem will come.
Because of this type of doubt only you were advised to inform your father to prepare a notarized affidavit stating that his father's name i.e., Mukhya and Vijay Pal Singh are one the same, get it published in local newspaper and proceed with the sale of this property.
He can sell said property without any issues.
adoption deed Or other documents not Required.
You should rectify this discrepancy or it may be explained that name changed after adoption. An affidavit to this effect can be given.
Better to file an affidavit declaring the name of father and inform the same to the revenue records department.
1. IF Land Revenue dept. had transferred /mutated the land entry in their records and IF 30 years limitation period has passed by, THEN there is no legal need for any other documents or identity proof required to sell /gift /mortgage /donate /whatever ....
2. By virtue of above, there is no further legal need of any adoption documents, since the courts will not entertain any legal dispute relating to adoption or whatever .... after or more than 30 years.
Yes there will be problem.
File a specific performance suit for getting the name of father changed in the property documents
No there will be no legal issue in selling of land if property is on name of your father.
- As per the information mentioned in the present query, makes it clear that though there has been discrepancy in the name of the father in revenue records and other legal documents of identity etc., still there is a way to to get it set aside while selling the property.
- I would like to apprise you that you need to execute an affidavit stating everything in it like what you have mentioned, but in a more legal language and get the same as attested.
- As he is your father no doubt, and to piece his father you should show the revenue records and identity proofs which having at least one thin h common to make your request more strong.