• Adoption of a Muslim person

We three brothers ,one sister were living together .My eldest brother having no children adopted a muslim man & adopted the girl child of that man as grand daughter .we opposed to that and got separated .My QUESTION is is it legally valid ,& can he give his property to those muslims .we are Hindu family.
Asked 1 month ago in Family Law from Bhubaneswar, Odisha
Religion: Hindu
Under provisions of Hindu adoption and maintenance act 
No person can be adopted unless

He or she is a Hindu;

He or she has not already been adopted;

He or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption;

He or she has not completed the age of fifteen years unless there is a custom or usage applicable to the parties, which permits persons who have completed the age of fifteen years being taken in adoption

2) in your case your brother could not have adopted Muslim man 

3) adoption is not valid 
Ajay Sethi
Advocate, Mumbai
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1229 Consultations
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1) the adoption is not valid 

2) as mentioned earlier only child of not more than 15 years can be adopted 

3) musim man could not ha e been adopted by your father 
Ajay Sethi
Advocate, Mumbai
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1229 Consultations
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1. Was any adoption deed registered by your brother. if not then the said adoption deed is not valid. Moreover, he can not adopt a person of more than 15 years of age for which his  said deed, adopting a man having son, is illegal and invalid.

2. However, he can legally give his properties to any body he feels like including the said Muslim without taking any of your consent.  
Krishna Kishore Ganguly
Advocate, Kolkata
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233 Consultations
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1. You can not legally demand that your elder brother should take care of you who are adult people and file a case against him for his refusing to bear your financial responsibilities.

2. Your such argument/logic  will have no leg to stand the legal scrutiny.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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1. He paid the money for buying the land and construction where you are living now.

2. You shall have to be clear as to on what account he has cheated you since there is a legal definition for the word cheating since he is within his right to keep his act of adoption secret fearing resistance from family members. Please also note that the said adoption is invalid for the reasons mentioned in my earlier vpost.

3. His said act attracts no legal action against him.

4. You should handle the matter in a more mature manner knowing that he has the right to adopt any body and/or gift his properties to any body he feels like.
Krishna Kishore Ganguly
Advocate, Kolkata
12143 Answers
233 Consultations
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1, Adoption is possible only through a deed of adoption to be executed in favour of the adoptive parent by the biological parent. One who has attained the age of 15 years cannot be adopted unless there is a custom to the contrary in that community.

2. However, even if adoption is illegal your brother can still bequeath or gift his share to the person adopted by him. 
Ashish Davessar
Advocate, Jaipur
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450 Consultations
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We three brothers ,one sister were living together .My eldest brother having no children adopted a muslim man & adopted the girl child of that man as grand daughter .we opposed to that and got separated .My QUESTION is is it legally valid ,& can he give his property to those muslims .we are Hindu family.


How this adoption had taken place is not known, however if the adoption was done by following the proper adoption rules, then if court is satisfied about the same then the court may  pass an order accordingly. 
T Kalaiselvan
Advocate, Vellore
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128 Consultations
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MY ELDER BROTHER WAS ALWAYS SAYING OURS IS A JOINT FAMILY & I WILL TAKE CARE OF YOU .BUT HE JUST DESERTED US .WHAT LEGAL ACTION CAN I TAKE.

You cannot initiate any action in this regard however if he is reported to have deserted, you may try for reconciliation or approach court for seeking relief against him as he is not  traceable.
T Kalaiselvan
Advocate, Vellore
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128 Consultations
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 alone had taken care of old age parents .and occupied a land and constructed a 2-storied buildind in the heart of city my self .He had purchased land and paid for construction.he only paid the amount everything rest is done by me. he just cheated us and consealed the adoption for several years.what legal action can i take.

Only cheating and fraud cases can be filed against him for seeking necessary relief.  
T Kalaiselvan
Advocate, Vellore
14170 Answers
128 Consultations
5.0 on 5.0

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