adoption
Alok
(Querist) 04 April 2014
This query is : Resolved
Sir, child was adopted through a registered deed in 1980. All parameters of law have been followed except that the child was 16 years of age at the time of adoption. Can the adoption be declared void abinitio after 34 years of the declaration of the deed. akulsrestha@yahoo.co.in
Alok
(Querist) 04 April 2014
The plea of adoptive parents is that there was mistake of law and lack of knowledge that children above 15 years can't be adopted. There is no custom. Is the plea tenable after 34 years of execution of the deed? Thanks.
ajay sethi
(Expert) 04 April 2014
section 5(2) provides An adoption which is void shall neither create any rights in the adoptive family in favour of any person which he or she could not have acquired except by reason of the adoption, nor destroy the rights of any person her birth.
since adoption is void adopted child would have no rights on property of adopted [parents
Alok
(Querist) 04 April 2014
Sir, will Limitation act apply in such case?
Alok
(Querist) 04 April 2014
Sir, will Limitation act apply in such case?
Devajyoti Barman
(Expert) 04 April 2014
A deed which is void ab initito need not be declared as null and void.
Even if no suit brought out, the same will be ragardeds null and void. a
Sudhir Kumar, Advocate
(Expert) 04 April 2014
Agreeing with experts I would add that adoption never happened.
arguments like "mistake of law and lack of knowledge" are irralevent
