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Aravind (Self employed)     03 August 2009

Request for good suggestion

My elder brother was brought up by my paternal aunt(My fathers sister and her husband)as they do not have children for almost 15 yrs in their married life.

They took my brother when he was in the age of 3 yrs and brought him up till his marriage. Almost after 10 yrs of growing my brother my aunt was blessed with 2 male children. After getting their children they kept my brother aside and even they didn't give him proper education also. As he was accustomed to that environment he was unable to come back to my parents also.

My uncle provided good education to his both sons and now they both are well off. 6 yrs back my aunt also left the world. But my brother is leading a horrible life with out getting any support from them and neither he can not come back to my parents also. And my brother got married and gifted with 2 daughters and he faced problems in his married life and got divorced.

Now the problem is my uncle at the age of 69 is going to marry again.

Even they took my brother there is no adaption documents with my brother. But in his education certificates my uncle name is mentioned as my brothers father.

My doubt is:

Eventhough my uncle got good properties will he get any rights on his property or not?

Can he claim any thing legally b'coz his position is worst when compared to the other 2 sons of my uncle?

As I said earlier my uncle is going to marry at 69 yrs his both sons are planning to approach the court of law for the properties. in the same way whether my brother can do any thing?

I need a proper suggestion in this issue, experts please help me out to relieve my brother from his financial hurdles as well as his family hurdles.

Thanking you.

Best Regards
Aravind.
9840012521



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 23 Replies

Prakash Yedhula (Lawyer)     03 August 2009

If it can be proved that your brother is separated from your family and lived all along with your uncle and aunt as their son since his childhood and lived with them as their own son, then your brother can succeed in getting a share in the property.   

Y V Vishweshwar Rao (Advocate )     03 August 2009

I agree with Sri Y Praksh  opinion and -Mr Aravind You can also  the suggestions under Experts Query  posted  by you -

 

Y V Vishweshwar Rao (Advocate )     03 August 2009

  I agree with Sri Y Prakash Opinion . -  you can also see the suggestions under the experts Query posted by you on this  subject !

lawyer_rajiv (9811284735) (lawyer)     04 August 2009

in case the adoption was done after Hindu Adoption and Maintenance Act came into force, a written adoption deed is required.  moreover as per law, a male child can only be adopted in case the couple has one female child and vice versa.  in fact, injustice has been done to your brother.

Rinty (editor)     05 August 2009

  I wanted to know about nullification of marriage.I am a christian. My marriage was solemnized in my church, according to christian law. Husband also christian. Now he get an ex-parte divorce  according to Indian divorce act  and married a girl working in his office ,who is also a christian.But they married according to the special marriage act.

Whether the marriage can be nullify. Because he divorced me not according to christian law .As they were christian ,is their marriage is valid under the special marriage act. We have a small 4 year old daughter. Will you please give me good advise what am i to do.

Deekshitulu.V.S.R (B.Sc, B.L)     07 August 2009

Mr Aravind

I am sorry to say that your brother has no say in the matter ?. He was only a person brought up by your uncle. There is no adoption even as your own saying. He cannot be an aurasa son or an adopted child. At the most he can be called as a fostered son.

Hence I feel he has no rights, and very bad luck to him

But I must remind you that his rights in the birth family are not lost, even if he is adopted to your uncle. His shre is always safe

 

R.Ramajayam (Advocate)     07 August 2009

Can we ablle to get the concern diviorc on the date of filing of the petition itself

107 (student)     09 August 2009

we have moot court in our college on homos*xuality case. i'm respondent .could u plz forward me issues in detail

Deekshitulu.V.S.R (B.Sc, B.L)     10 August 2009

Hellow Ramajayam

Do you mean consent decree of divorce?. If yes then you cannot get such a decree on the date of filing of the petition. Divorce by mutual consent can be only after 6 months of filing of the petition.


(Guest)

@ Aravind

 

i dont know if your brother's problem is solved or not....since  a long time has passed

 

in case it's not...u seek all the legal advice given above

 

i just want to know,u being a concerned brother to him...why dont u embrace him in your family....y is he struggling to be loved by his uncle's family who discarded him when his need was no longer there?

he also got divorced as he did not get enuf love in his life,hence the maladjustment with his wife

 

please do him a favor and bring him back to live in your family to which he actually belongs...otherwise his life will continue being traumatic...give him all the love he was missing in all these years

 

rest as you please..........

Aravind (Self employed)     14 September 2010

Dear Aishwarya Mam,

As you said we already brought him from that place to my own place.

Now he is staying with my parents only. And he got married with a new bride.

Even though we can support him, but financially we are not in a better position to bring him up.

As he was brought up in that place he is accustomed to that place and now also he spends 3 to 4 days weekly in that place only (As he has a shop in that place).


I helped him in starting a business in my fathers place, but its not running fruitfully because of his lack of interest in this place.

Slowly problem is raising from my spouse's side as , when i was getting marriage it was said by my brother that he got adapted by my uncle and i do not need any property from my  father's side.

Now we broght him to our father's place and he will get a share in my father's property, so my father in law side they started pressurising me to keep him away.

So we are in a dilemma to what to do.

Rgds

Aravind.

hema (law officer)     14 September 2010

You see, last  year, how many advocates were responding to legal querry. Now family law forum is sinking due to the people, who hate women.  I request the advocates' community to please save this forum by contributing more and more and save the public from quacks.


(Guest)

Hema,

 

How do you know that people are hating woman... and not the idea some woman profess?

hema (law officer)     14 September 2010

here, people say errant women, not some errant women.  here, people say, all the 498- a cases are false. not some cases are false.

but I will certainly recognize, you are an exception.  you said in some posts genuine women shall be protected.  for finding out who are genuine and who are false, we have to wait to final judgment by the court.  just if a woman files a case, treating her bad woman is not acceptable to me.  even high court and supreme court say let the trial completed.    


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