• Adoption procedure not completed, share for adopted daughter intestate

My wife is adopted daughter for her parents. They had done a adoption process via a lawyer in 1992 and petition was raised by her biological grandfather, since her biological parent had expired. Her Grandfather had appointed himself as her guardian first and then requested that he wants her to be adopted to my present wife family. The court had accepted the petition and asked my wife (when she was 10 yrs old) for her acceptance and she had agreed(as narrated by my wife). Then her grandfather expired later 6 months and the adoption process stopped.

Her adopted father expired in 2004 as well. So the person giving and and person accepting the adoptee had expired. When her adopted father died, she was not added to the succession certificate because the adoption process was not completed, the succession certificate has my wifes mother (adopted fathers wife), adopted fathers mother, adopted fathers father.

My wife adopted father mother died in 2013.

Now my wife's grandfather via her adopted father's class II hier is claiming a share in his sons house. My wife adopted fathers 2 brothers and 2 sisters are not showing any interest in the property and orally said that my wife/her mother can keep the house, but her grandfather( via adopted father) who has become old and senile (and frequently fights with his own son for some reason or other) is making a claim.

How best to handle this. And can we complete the adoption process, is there anyway to pursue it, or can my wife mother show all the details she had paid for my wife with respect to schooling, college etc and get a succession certificate from thasildar?

What would be my wifes grandfathers share of the property based on the above information in case his claim is legal?
Asked 30 days ago in Property Law
Religion: Hindu

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12 Answers

yes still adoption process can be completed. Even the wife mothers payment can be shown as stated above. She will have share in grandfathers property only if it is a ancestral 

Prashant Nayak
Advocate, Mumbai
22447 Answers
49 Consultations

4.4 on 5.0

If the adoption was not validly executed like bg a registered deed of adoption or by an order of the court of by a religious ceremony then the defect can not be cured anymore. 

So in your wife's case in absence of a proof of valid adoption irrespective of any of proof the same would not entitle her to claim share in her adopted family. 

However she would be free to claim share in her biological parent's family. 

Devajyoti Barman
Advocate, Kolkata
21685 Answers
311 Consultations

5.0 on 5.0

The wife had been adopted as the grandfather had consented to give her in adoption. She had not accepted but she was a minor then and hence when she became major she accepted as she didn't deny or refuse her adoption.

A suit should be filed for the property ie a partition suit wherein other shareholders along with your wife should be made party.

A declaratory suit for declaration that her parents are her adopted parents should also be filed.

Rahul Mishra
Advocate, Lucknow
11562 Answers
20 Consultations

5.0 on 5.0

Please file partition suit before Civil Court for the compliance of provisions of law for the proper division of the property. 

You have narrated your facts of the case and based on the same we are advising you for the best possible course of action as per due process of law to decide the share of grandfather of your wife.

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

Court has accepted the petition and allowed adoption of your wife in adoptive family 

2) you should arrive at an amicable settlement with adoptive grand father 

3) adoptive mother should rely upon court orders to prove that your wife  is adopted daughter 

Ajay Sethi
Advocate, Mumbai
79343 Answers
4746 Consultations

5.0 on 5.0

If it's the ancestral property then in absence of will to all legal heirs. Otherwise as per will. 

Prashant Nayak
Advocate, Mumbai
22447 Answers
49 Consultations

4.4 on 5.0

1) grandfather is not class 1 legal heir of deceased son 

 

2) on demise of grand mother her share would devolve on her husband , sons , daughters equally 

Ajay Sethi
Advocate, Mumbai
79343 Answers
4746 Consultations

5.0 on 5.0

Your wife ws not legally adopted by her adoptive parents.

Now the adoptive parents are not alive hence nobody can establish the adoption.

The process of completing the incomplete adoption cannot be undertaken at this stage.

If her grandfather is claiming a share in the property of his son as his class II legal heir, he is entitled to, hence instead of fighting with him, it would be better that she gets into a compromise with him and take a share along with him.

 Legally she may not able to stake any claim in the property.

 

T Kalaiselvan
Advocate, Vellore
69350 Answers
929 Consultations

5.0 on 5.0

As per your list, the father of the deceased who is a class II lgal heir is the only person who is entitled to entire property.

 

T Kalaiselvan
Advocate, Vellore
69350 Answers
929 Consultations

5.0 on 5.0

Wife have become major now, she cannot be adopted now. Adopted mother is absolute owner and when class I heir is alive, grand father have no claim.

Grand father is legal heir but of calls II and including in LHC dose give him any share. Even if it is consider that your adoption is not got completed, than also grand father have no inheritance right.

Adopted father wife will inherit only and she can her inherited property to your wife through gift or WILL.

If grand mother was demised after adoptive father than her half share will inherit in her husband and children equally.

Yogendra Singh Rajawat
Advocate, Jaipur
21402 Answers
31 Consultations

4.4 on 5.0

Your solution are available with the Court of law for the proper division of property amongst all legal heirs as per due process of law. 

Ramesh Pandey
Advocate, Mumbai
2538 Answers
8 Consultations

5.0 on 5.0

1. As per legal heir certificate of adoptive father of your wife she cannot claim any share but if she files suit to claim her share on ground that she was purposely left out of legal heirs certificate of her adoptive father then she can claim share.

2. Otherwise in basis of that legal heir certificate she cannot claim any share.

Mohit Kapoor
Advocate, Rohtak
10685 Answers
7 Consultations

5.0 on 5.0

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