Inheritance of property of adopted daughter
My grandfather's father had some x acres of land. After his death, all of the sons made a schedule and partitioned the property. This partitioned is not registered. But, the partitioned property came to each son's name. So, now my grandfather is owning his share with his name. My grandfather's daughter was given for adoption to my grandfather's brother during 1970. She is living with adopted father. Her father name is mentioned as adopted father in school certificate and other govt docs. Adoption is not registered. Now, she has filed a suit for share of property in biological father.Also, she has filed a suit to get property share in adopted father property. She gets about 6 times more property than what she get from biological father. she has mentioned herself as daughter in both adopted and biological father's family tree.
Is she eligible to get share in both properties?
How can we proceed legally to handle this and is there a way to prevent our property to be shared with her?
Can we file a suit to ask her which relation she will opt either with adopted father or biological father?
If she release her property by compromise to my grandfather and his son(my father), will my father have half share in released property or my grandfather as a whole will be owner?
Asked in Property Law from Banglaore, Karnataka
1. No. After adoption, the adopted child will inherit the properties of his/her adoptive father and ot biological father,
2. You won't have to file any suit against her for any declaration,
3. You should contest the case filed by her claiming her share in her biological father's property duly submitting the evidence that she was adopted by someone else and that she has claimed her share from her adoptive father also admitting that she was adopted by her adoptive father,
4. She does not get any share of your grandfather's property for which the question of her releasing her share does not arise at all,
5. The properties of your grandfather will now be equally shared by all his legal heirs.
Was any deed of adoption executed by biological parents in favour of adopted parents ?
2) was any giving and taking ceremony done ?
3) SC has held to prove valid adoption it is necessary to place on record that there has been giving and taking ceremony
4) lady woukd not have any share in adopted father property unless she is able to prove valid adoption
5) you should deny that she has been adopted . Burden of proof is on lady to prove valid adoption
1. The adoption deed requires mandatory registration, failing which it has no legal character and force. So this daughter of your grandfather continues to be the daughter of her biological father for all legal and practical reasons. As a corollary thereto, she can claim succession to the property of her biological father after his lifetime.
2. She cannot claim succession to the property of her adoptive parents as the adoption itself is illegal. Any of the legal heirs of her adoptive parents can file a suit for declaration of the adoption as illegal on the ground that the deed of adoption is not registered.
Once she is adopted and there are proofs for her adoption, she has to follow only the adopted father's guidance.
She is entitled to a share in the adopted father's property only.
She do not have rights in her biological father's property.
If she is claiming rights in both the properties, she can be held as a fraudster for claiming property from both the sides.
Dont hurry to file a case against her.
She only has to file a case seeking her share.
Then you can challenge her claim as per law.
1. No she is not entitle to get the property from both side until and unless any will was executed in her favour by her adoptive father because she is no a child of adoptive father and the adoption deed should be registered which is not. hence legally she is not an adoptive child by anyone, hence she can not claim any property from her adoptive father due to non existence of registered adoption Deed.
2. Who are you, are you from adoptive father's side or from biological father's side?
3. if there is no child of adoptive father of the girl, and after his death there is no other person in his own family then the property will goes to his brothers and sisters.
4. Its depend on the compromise Deed in which all the terms and conditions will be mentioned.
Feel Free to call
Advocate, New Delhi
1) Thank you Krishnaji, she had already filed a suit to claim share in biological property. She is coming to compromise with some cash not property. She has everything ready to file a suit to claim share in adoptive father property. The Adoption deed is not registered, but there was giving and taking ceremony done few people who saw that also living today.But, there is no photograph or video. How can we handle this ? Is compromise a better way ? Is there any other way to prevent share of property from biological father?s
2) Thank You Ajayji,she has not filed case against her adoptive father but everything is ready. she is waiting for our case to close so that she can file suit for adoptive father property. Now, she is demanding money equivalent to property. So that she can file fresh suit in adoptive father. how can we avoid her to get share?
3) thanks Ashishji, Even though adoption deed is not done, there was giving and taking ceremony and few people who saw this and all school and govt records show her father name as adoptive father. Is it not possible to prove adoption?
4) Thanks Kalaiselvanji, she has filed case now for biological father and yet to claim for adoptive father in court. How we have to handle the sitiuation now?
5) Thanks Nadeemji, I am from biological father side. she was given adopotin when she was 8 months old. that time Adopted father didnt had child till she became 10 years. Now adopted father have 2 sons and adopted father died in 2008. Using people evidence who saw giving and taking ceremony, school records cant we prove adoption?
Asked 9 months ago
1) if lady is able to prove giving and taking ceremony was done then she would have share in adopted parents property
2) the evidence of witnesses who were present in the ceremony would be crucial
3) if adoption deed was executed it would help substantiate that adoption was done . not mandatory to register deed of adoption
4) in addition in hr educational certificates name of adopted father is mentioned
5) it is better to arrive at an amicable settlement
How can we handle this ? Is compromise a better way ? Is there any other way to prevent share of property from biological father?s
She cannot claim share out of both the properties.
For claiming share in the adoptive father's properties she has to prove adoption and vis a vis with the biological father too. that she was not given in adoption at all.
If she arrives at any compromise settlement, you may settle the issues amicably.
Now, she is demanding money equivalent to property. So that she can file fresh suit in adoptive father. how can we avoid her to get share?
Her intention is to get money from both the sides, so she is trying to get money for litigation on the adoptive father's property, that is why she is ready for settlement here, since the matter is before court, allow the proceedings to take place, refuse her terms if it is not feasible and if she is having a high handed design in her mind about this.
she has filed case now for biological father and yet to claim for adoptive father in court. How we have to handle the sitiuation now?
The best way to handle this is to prove her adoption through ceremonies and witnesses to such adoption and deny her the rights from biological side claim
Using people evidence who saw giving and taking ceremony, school records cant we prove adoption?
Yes you can try this method.
No, adoption Deed should be registered and without registration of Adoption Deed she can not claim any property from her adoptive father, she will be entitle to get her share from her biological father's ancestral property/self acquired property if her biological father died intestate.
Feel Free to Call
Advocate, New Delhi
1. There is no need for any compromise with her in connection with her claim of share of her biological father since she is not entitled for the same,
2. Contest the said case filed by her submitting all the evidence of her being adopted by her adoptive father including her educational certificates and other Govt. documents showing her adoptive father as her father,
3. If her adoption can be proved with the help of evidence, she will not be entitled to any share of her biological father's property.
Giving and taking ceremony does not result in adoption. For adoption to take place there has to be a deed of adoption executed by the biological parents in favour of the adoptive parents.