kateshwara (supervisor) 17 April 2012

Adopted child property rights

My mom was adopted to her step father in 1972 which was never or nor legally recored or written.Adoption was just on oral,she has been with her adopted step father and step mother (who already have a son at 1972) for more than thirty years,she is living with her step father. In marriage the kanya dhana was made by her step father and step mother in1987 which is recorded in a video and wedding card (step fathers name is also printed) also.and step father is expired after 40years of adoption now the step father's only son and his mother claim's that property belong only to him and heirs and step mother is total changed her mind ...she is telling that the property belong to son only and no court or law can do any thing.....they are us treating like a outsider of a famliy...and selling of there property too...and enjoying the monthly rent also.......my question is Can i stop them from enjoying the property roght and how can i use RTI for getting the property detail of my mom's step father.... and sue them for treating us like outsiders.....

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Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)) 17 April 2012

Dear Querist,

Adoption in law is not required to be in writing or registered. Though a written adoption deed is easy to prove and raises a presumption of proper adoption, adoption still can be oral. In the present case it can be inferred from the totality of facts and circumstances that your mother was indeed adopted, and as an adopted child she is entitled to equal rights as a natural child. File a suit for partition of properties after obtaining certified copies of land records through RTI.

Feel free to talk!