Dear lawyers, my father was adopted when he was 17 and half years. His biological father had purchased a land in my father's name before adoption and registered. This happened in 1979. In 2015 his biological family has filed a case claiming the land purchased on my father's name must belong to the biolgical family and my father has rights on that. Once the case was filed in 2007 for entire biological faily property partition excluding the property that was named on my father's name. And it was settled outside court between the brothers. Again in 2014 they filed a partition suit and this time including my father's property also. Can you please prvide me some insights if my father's property is legally his right even now or not. Ideally first time when they filed a partition suit they did not included my dad's property, and later they included which is against the law. Also how is adoption law implicable for this kind of case. Kindly help me with your suggestions and points.
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The ancestral property of your father is no longer his property as he was adopted and now he belongs to another family.
But the property was transferred by his biological father and hence it belongs to your father irrespective of the adoption.
This is the legal view.
Now out of court settlements are honoured by courts.
Father could not have been adopted when he was 17 years old
Under the Hindu Adoption and Maintenance Act,1956 a child who has completed the age of fifteen years shall not be given in adoption unless there is a custom or usage applicable to the parties who are willing to make an adoption that permits them to adopt a child above the age of fifteen years.
3) since adoption is not valid your father can claim property which has been bought in his name
If the property is purchased in my father's name in undivided family when he was minor,and after adoption,when he attains majority, does he become absolute owner of that property sir ? And if case is filed, first declaration needs be taken and then partition suit to be filed or directlty partition suit is filed
Yes he became the absolute owner of the property once the property was registered in his name. The property belongs to him. But he doesn't have any share in the joint family property.
He does not become absolute owner it was bought in his name for benefit of joint family
The property bought on your father's name by his adoptive father shall be your father's own and absolute property, nobody including his biological siblings can claim any share in it as a right, hence the partition suit in respect of that property is concerned is not maintainable.
Whether he was living in joint family or not, the property was bought on his name when he was a minor by age, therefore it cannot be considered as joint family property but it can be treated as his own and absolute property.
If it’s in exclusive name of your father then it becomes self acquired property of your father. Yes he will be owner of the same
Any citations that support the property belongs to my father only. Its become very difficult to prove this. All that is heard us he is adopted and he has no right on the proerty purchased by his father when he was minor, because it becomes the family property as my father was minor and no earning.
it is true that your father was minor at time of purchase of property and had no source of income
hence siblings can claim share in property as bought for benefit of joint family
Instead of relying on citations you better collect proper documents to prove your father's title to the property.
The property was purchased on your father's name and not on the family name.
Neither this becomes the property of H U F.
You have to challenge the case properly.
In 2015 his biological family has filed a case claiming the land purchased on my father's name must belong to the biolgical family and my father has NO* rights on that.
The above claim made by the biological family may succeed, subject to what is stated below-
once the son is given in adoption to an adoptive family, he loses all his right and interest in the property of the biological family
however for the natural biological family to succeed they have to prove that the natural father had purchased the property in the name of his minor son from the own sources of income of the natural father and NOT from the income derived from the joint property owned by the HUF of which the natural father is a member
if the natural family proves that the money to buy the property came from the HUF property (of the natural family) or its income then such property will belong to the natural family only
generally the law is - if a property has vested in a person before his adoption, then upon his adoption he is not divested of that property merely because he is adopted
i am assuming that the father had purchased the property in his minor son's name and the money for purchase came from the own sources of income of the father. If that is the case then the minor son becomes the absolute owner of that property and merely because he is subsequently adopted into another family, he would not cease to be the owner of that property which already vested in him
He has right if the same is gifted to him or transferred to him
Once partition suit filed and particular property not included in the list of properties, than no case is maintainable against that property.
Also settlement order bars next partition suit. Property purchased In the name of son is benami transaction and other legal heirs can claim share in the property.
family property as my father was minor and no earning - after adoption, he has equal right in the property.
Contact of lase laws.
In general, the legal effect of adoption is that the adopted person becomes the legal child of the adoptive parents and severs all legal ties with the biological parents, unless otherwise provided by law. Therefore, if your father was legally adopted, he no longer has any legal relationship with his biological father, and the land purchased in his name before adoption would not automatically become the property of his biological family.
However, the legal status of the property may depend on the specific laws and circumstances of your jurisdiction. In some cases, property purchased in the name of a minor may be considered the property of the undivided family and not the property of the individual. After the minor reaches the age of majority, the property may continue to be held as undivided family property, or it may be partitioned or divided among family members.
It is also possible that the partition suits filed by your father's biological family may have some legal effect on the property. Without more information, it is difficult to say what impact these suits may have on your father's claim to the property.
If you have documentation showing that the land was purchased in your father's name before adoption and registered in his name, this may be evidence that the property belongs to him. However, the final determination of property rights would depend on the specific laws and legal principles applicable in your jurisdiction, as well as the evidence presented in court.
Again, it is strongly recommended that you consult a local attorney who can review the specific facts and circumstances of your case and provide legal advice on your father's property rights.
