I belong to a Tamil Bramin community. I am 50 years Male. I was adopted by my maternal uncle in 1998 when I was 32 years+. Adoption deed had been made and as per Bramin custom, Datta Homam was also performed and my Gothra was also changed. My Biological father had died in 1992. I am the last of four sons. A the time of adoption, all the three of my elder brothers were married. Adoption deed was signed by my biological mother, my maternal uncle and my aunt and was registered. My Marriage was also perfomed by my Maternal Uncle ( Step father).
But in the year 2000, my uncle (step father) cancelled the adoption deed and has mentioned in the adoption that I can go back and join my biological parents and their Gothra.
My question is that whether the adoption is valid ? If not, the cancellation becomes null and void.
But If the adoption is Valid, Can it be cancelled ?
My Maternal Uncle passed away in 2010 and he has transferred his Inherited Property (My Grand Father's Property) to my cousin by way of settlement deed. Is this also Valid ?
Awaiting your advice.....
Asked in Family Law from Chennai, Tamil Nadu
1) section 5of Hindu adoption act declares any adoption made by Hindu except in accordance with the provisions of this chapter shall be void
2) section 10 iv. Makes it clear that resin aged more than 15 years cannot. Be taken in adoption
3) however adoption would be valid if there is custom or sage to that effec
4) you could not be adored at age of 32 unless there is custom to that effect
5') you have to prove such custom.
6) once adoption deed is executed it cannot be cancelled by adopted father
The provisions of Hindu Adoptions and Maintenance Act, 1956 about who can be adopted is given below for your perusal:
Who can be adopted?
The adopted child can be either male or female. The adopted child must fall under the Hindu category. The adoptee also needs to be unmarried; however, if the particular custom or usage is applicable to the involved parties then the adoptee can be married. The child cannot be the age of sixteen or older, unless again it is custom or the usage is applicable to the involved parties. An adoption can only occur if there is not a child of the same sex of the adopted child still residing in the home. In particular, if a son were to be adopted then the adoptive father or mother must not have a legitimate or adopted son still living in the house.
From the above it can be seen that the child cannot be the age of sixteen years or older.
But you were adopted at your 32nd year of age.
Is your custom allowing this type of adoption?
If not then the adoption itself is invalid and there was no need to execute a cancellation of adoption deed.
Further until and unless there is a defect in the registered adoption deed, similar to your case, a valid adoption cannot be revoked or cancelled.
When an adoption deed was executed properly and accordingly registered the adopted child loses all interests in his biological parents.
If the deed is held to be valid based on the local customs, then you have rights in the property belonging to the adopted father provided his death was intestate. You cannot claim any right in his own and absolute property which he has settled on his own to a third person.
Consult an advocate for more details on the subject.
Your adoption itself is illegal as one who has attained the age of 15 years cannot be adopted unless there is a custom in the community to the contrary. However, the adoption deed cannot be cancelled after it is executed. So you can claim succession to the properties of your adoptive father i.e your uncle.
Your uncle ought to have filed a suit for declaration of the adoption deed as illegal, which he did not. As a corollary thereto you can claim succession to his properties in respect of which he died intestate.