Can adopted person use his biological father name for his future correspondence and property purchase after death of adopter mother?
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1) once deed of adoption has been executed the adopted father is the father of the child for all purposes
2)all correspondence and purchase of property should be in the changed name after adoption
3) adopted son can change his name by publication in official gazette and 2 local newspapers
adoptive person can not use his/her biological father's name after adoption as he/she left his/her all rights from his/her biological father's property and person, if the adoption Deed is registered.
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Adoption made legally and registered 33yrs back, now third person chllenges his adoption on age difference while adopting (adopter mother 70yrs while adoption and now she is dead)and for using biological father name for property purchase and correspondence. Is adopted child's(person )graduation(medical)is disqualified? .Person is mentally tortured by that third party, is there any solution for this?
Provision of section 11 requiring age difference between adoptive mother and adoptive son to be at least 21 years is mandatory in nature. Word ‘must’ cannot be read as ‘may’. This breach is fatal to adoption; Hanmant Laxman Salunke (D) by L.Rs. v. Shrirang Narayan Kanse, AIR 2006 Bom 123.
2) adopted son educational qualifications are not disqualified
3) if court holds that adoption is void then son can revert to his biological father name
1. Adoption is a complete transplantation of the adopted child in his adoptive parent's family, at the same time it results in complete severance of the legal relationship between him and his biological parents. So the answer to your question is in negative.
2. If the adoption deed is challenged then it should be contested fittingly.
Adopter mother was 70yrs while adoption made. Adoption registered legally 35yrs back. Adopter mother died 22yrs back. It's interrelation adoption.Relatives took signature from adopted son that property belongs to adopter mother is no longer belongs to adopted son.Adopted son agreed and put a signature. Afterwards adopted son using his biological father name for his future correspondence and property purchase. Now third party (biological father brother )on family grudge gives lawyer notice that adopted son is illegally got medical seat 35yrs back by making interrelation adoption, just for medical seat (as biological father was lecturer at the time of adoption ).Is it invalid adoption? adopted son''s medicalike qualification is disqualified?
Deed of adoption was duly executed stamped and registered wherein biological parents gave child in adoption to adopted parents
2) adopted son medical qualifications would not be set aside
3)deed of adoption would be held to be void because of age differences
I Biological father having 4 children, decided to give elder son as adoption to his relative who was 70yrs old.He gave his son with all consents, for child safety and benefits. Also adopter mother was mentally, physically, financially sound .Adoption made 35yrs back and adopter mother died 22yrs back. When she was living biological father and his brother took property share. Also they took property share belongs to adopted mother. Relatives especially biological father brother asked adopted son put signature on property share deed that adopted son don't have any rights over adopter mother property. Relatives told the adopted boy nothing to worry , as the boy is medical graduate he can earn on his own. There after boy struggled many years and settled down in home town where adoption took place. Biological father helped him in his practice financially as adopter mother was dead(adopter mother was nice and very supportive while living ).Then afterwards adopted boy earned money by practicing medicine and purchased few property, there he used biological father name.Now question is bilogical father brother challenges adoption is invalid, adopted son not gained any property from adopter mother and biological father, also why plaintiff challenges adopted son medical qualifications is invalid? ,also why plaintiff (biological father brother )gives lawyer notice regarding all these events? What's the steps to be taken by adopted boy? Plaintiff torturing boy too much! he demands ransom of money other wise he will sue the boy in court of law! is it possible? Why the adopted boy has to suffer for not his mistake? Is it necessary to answer the lawyer notice? Please guide me sir.Thank you.
Never bow down to blackmail tactics
2) your relatives want to extort money from you as you are successful in life
3) let uncle go to court
Thank you Mr. Ajay sethi sir for your valuable guidance and advice regarding adoption . That adopted son is me sir.I suffering lot because of my uncle. I came to know the problem of interrelation adoption.There is no problem from biological father and adopter mother (she is no more ),but my uncle gives lawyer notice for using biological father name after death of my adopter mother.Is it wrong?if it is what shall I do? shall I answer the lawyer notice given by my uncle? Please guide me sir.
contact a local lawyer and reply to legal notice .
2) you can change your name by publication in official gazette and 2 local newspapers
3) in reply to notice mention that you have changed your name by publication in official gazette
Can adopted person use his biological father name for his future correspondence and property purchase after death of adopter mother?
Once he has been adopted he severs all his rights on his biological father and he can claim no rights on his assets or anything. therefore it may be illegal if he does so.
Adoption made legally and registered 33yrs back, now third person chllenges his adoption on age difference while adopting (adopter mother 70yrs while adoption and now she is dead)and for using biological father name for property purchase and correspondence. Is adopted child's(person )graduation(medical)is disqualified? .Person is mentally tortured by that third party, is there any solution for this?
If there is a proper adoption and the same was made by a registered document then it is very much valid, anything done out of its purview may be considered as unlawful.
Adoption registered legally 35yrs back. Adopter mother died 22yrs back. It's interrelation adoption.Relatives took signature from adopted son that property belongs to adopter mother is no
longer belongs to adopted son.Adopted son agreed and put a signature. Afterwards adopted son using his biological father name for his future
correspondence and property purchase. Now third party (biological father brother )on family grudge gives lawyer notice that adopted son is illegally got medical seat 35yrs back by making interrelation adoption, just for medical seat (as biological father was lecturer at the time of adoption ).Is it invalid adoption? adopted son''s medicalike qualification is disqualified?
All such things are to be challenged based on the facts, merits and evidences in their support.
If the case has been filed on a false note and incorrect details, the respondent can easily challenge the same to defend his interests.
Now question is bilogical father brother challenges adoption is invalid, adopted son not gained any property from adopter mother and biological father, also why plaintiff challenges adopted son medical qualifications is invalid? ,also why plaintiff (biological father brother )gives lawyer notice regarding all these events? What's the steps to be taken by adopted boy? Plaintiff torturing boy too much! he demands ransom of money other wise he will sue the boy in court of law! is it possible? Why the adopted boy has to suffer for not his mistake? Is it necessary to answer the lawyer notice
The qualification earned by the adopted son cannot be challenged n this ground that the adoption is not valid.
The qualification was acquired by the son on his own and this has nothing to with the adoption.
This can be defended properly and also it ws a suit then the petition under order 7 rule 11 can be filed even now to reject the plaint since it is irrelevant to the plaintiff that how the adopted son acquired his medicine qualification.
That adopted son is me sir.I suffering lot because of my uncle. I came to know the problem of interrelation adoption.There is no problem from biological father and adopter mother (she is no more ),but my uncle gives lawyer notice for using biological father name after death of my adopter mother.Is it wrong?if it is what shall I do? shall I answer the lawyer notice given by my uncle? Please guide me sir.
As a matter of fact using your biological father's name in the property documents has nothing to do with your MBBS qualification.
His case is not maintainable .
You can issue a defamation legal notice to him for ruining yor name and tarnishing your image.
One more clarification adopter is a widow having daughter. Now question is can widow ( adopter mother) adopt her daughter 's son 's son? .with all previous questions and answers I contacted local leading lawyer to answer legal notice given by my uncle. It's clear cut that it's because of grudge and property dispute between my biological father and my uncle. The lawyer whom I contacted told me that I am a fraud and my medical qualifications will be disqualified. Is it true? this is my last question to be clarified by you experts sir.Thank you.
1. If the adopted child has relinquished his rights in the property of the adoptive mother then the relinquishment will bind him now. If, however, he has evidence to prove that the said relinquishment was induced by coercion, fraud or undue influence then he may file a suit for declaration of the deed as illegal.
2. If the adoption has been challenged then the onus to prove that it is not legal is on the plaintiff. The plaint is required to be perused for proper advise,
3. The adopted child can though fittingly contest the suit in the court.
As I said before, once adoption deed is executed the legal relationship between the adopted child and biological parents ceases to exist for all reasons. So the adopted child cannot use the name of biological parents after adoption.
why should your medical qualifications be disqualified .
adoption would be held to be void because of age difference
I didn't get clarification for the question, can widow adopt her daughter's son 's son?.l am an adopted son to my granmother's(father 's mother )mother ie adopter is my father's mother's mother. My adopter mother had only one child (daughter )and she was widow at the time of adoption. My adopter is no more but her daughter (my biological father 's mother )is living. Is it invalid? .Living daughter can question it? my biological father brother may next use this tactics. Is it possible?
1) there is no bar to widow adopting her grandson
2) child cannot be mote than fifteen years old 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.
As per HAMA Any female Hindu- who is not married, or if married, whose marriage has been dissolved or whose husband is dead or has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind. Has the capacity to take a son or daughter in adoption.
The lawyer whom I contacted told me that I am a fraud and my medical qualifications will be disqualified. Is it true? this is my last question to be clarified
The la is very clear and the adoption has been done in a proper manner by following the procedures as well as the same was duly registered. Hence the lawyer's statement cannot be justified in any manner or else he has to give his reasons that why it is so.
I didn't get clarification for the question, can widow adopt her daughter's son 's son?.l am an adopted son to my granmother's(father 's mother )mother ie adopter is my father's mother's mother. My adopter mother had only one child (daughter )and she was widow at the time of adoption. My adopter is no more but her daughter (my biological father 's mother )is living. Is it invalid? .Living daughter can question it? my biological father brother may next use this tactics. Is it possible?
Your uncle canot question the law that how you were given in adoption to your great grandmother because it had happened long back that too by a registered adoption deed.
If he is still having some grievance in this, let him approach court of law seeking clarification or nullifying the adoption, you can challenge the same on the basis of merits in your side.
Yes she can do this as long as the adopted child is below the age of 15 years. There is nothing that prevents her from adopting the child as long as the conditions precedent to adoption are met.
With all your expertise answers I visited another leading lawyer. He asked few questions regarding adoption date. I told him it's in the year 1980 (I was studying 10th standard ).He asked me regarding reservation. I told him at present my community comes under category 1 (no income bar ) but when I was studying 10th standard my community was under backward caste group( income was considered ).plaintiff rising this point as my biological father was lecture at the time of adoption. I told the lawyer adoption made in the year 1980, I got the medical seat in the year 1982-83.1st I joined Bsc, then engineering, finally through waiting list I got medical seat under backward caste kota.Now I am 52yrs old , my caste is under category1 which never comes under general category what ever the income may be. Plaintiff says that me and my biological father purposely did adoption for medical seat. For the same reason and for using biological biological father name for my correspondence after death of my adopter mother (without my knowledge I used my biological father name ).Now question is how shall I prove adoption is valid? and medical seat was gained my efforts. I don't know how my biological father and adopter mother (70yrs old at the time of adoption )made adoption, I was minor and don't know what they did. My biological father now more than 77yrs old ,biological sisters and brother are well settled. 35yrs after adoption validity questioned by my uncle, the reason is the property dispute between him and my biological father. Please give me the valuable guidance sir.Thank you sir.
in your queries you never disclosed the fact that you had obtained medical seat under reservation quota
2) frankly it is necessary to go through the contents legal notice issued by your uncle to advise
3) if your community was entitled to reservation even without beinf adopted you would not be disqualified
4) for adoption to be valid it is necessary that there should be giving and taking ceremony . deed of adoption should be regsitered .
That's what I am stressing my uncle rising the point through reservation l got the seat. But why they kept quite for 35yrs long time. Suppose I disqualified in 10th standard or 12th standard itself question of lawyer notice never be in picture. I never dreamt of becoming a doctor. My uncle purposely doing this to trouble me. My question is after 35yrs long gap is it can be challenged?my adoption done by all procedures and registered. Why should I suffer for not my mistake sir?
1) contact local lawyer and reply to legal notice
2) deny that adoption was done for reservation benefits
3) mention that deed of adoption was executed and registered
4) mention that at time of adoption you were less than 15 years old and giving and taking ceremony was performed
5) you would not be disqualified
The question is about the validity of adoption deed which took place before 35 years and it is nowhere concerned with the community based reservation for admission to medicine.
If your uncle is raising a question regarding reservation then he has to prove to which community he belongs or to which you belong etc.
Now you are asking question based on your lawyer's query or interpretation.
The adoption that took place during your minority that too by a rgistered deed was beyond your capacity and you cannot answer to the background of the adoption that took place without your consent.
Later on it was your choice when you became an adult to revert to your original or biological parent. A child, if old enough, can seek a reverse adoption. If a reverse adoption is granted, the child’s birth certificate also can be changed back to its original status, in case it had been changed after the adoption..
That's what I am stressing my uncle rising the point through reservation l got the seat. But why they kept quite for 35yrs long time. Suppose I disqualified in 10th standard or 12th standard itself question of lawyer notice never be in picture. I never dreamt of becoming a doctor. My uncle purposely doing this to trouble me. My question is after 35yrs long gap is it can be challenged?my adoption done by all procedures and registered. Why should I suffer for not my mistake sir?
Your uncle is trying to take benefit by taking advantage over your weak mentality and soft character by making false grounds on irrelevant things.
He has no case to challenge the adoption deed after 35 years nor he has any reason to question the reservation status which is the problem of the government.
Instead of approaching a negative minded advocate who keeps misguiding you with false and negative information alone you can engage a better lawyer to fight and defend your case.