Adoption deed problem

Amit Vijayvargiya (Querist) 19 October 2015 This query is : Resolved
Respected Expert,
I was born on 12/08/1993. My father's Name is "XYZ" and mother's name is "PQR". Due to some case my father died in 1997.So my birth certificate contains my father's name "XYZ" and mother's name is "PQR". After that i have been adopted in the year 1999 to the elder brother of my natural father. During that time my age is 6 years.They have adopted me and make an affidavit of this. So my father and mother name changed in educational marksheet. Now my father name is "ABC", and my mother name is "KLM". Now the adopted father also died in the year 2004.
I have applied for passport and they are
asking me for the adoption deed. Due to the MEA act my adoption deed is now not been made because i am adult now which has an age of 23. All my educational marksheet, PAN card, AAdhar Card, Voter's Id contains the name of my adopted father and mother. The law states that the adoption deed should be made before the age of 15. I have make an affidavit of both my mother's mentioning all the details about adoption.
So all the respected expert please provide me all the possible solution because i am placed in one of the MNC and they are asking me for the passport.
Thanks alots in advance!!!!!!!!!!

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kavksatyanarayana (Expert) 19 October 2015
@Author, at the time of your adoption who signed on the affidavit. If your natural mother and adopted parents signed on this it may got valid through court by submitting an application for the same. so approach an experienced lawyer who have knowledge in this type of cases with all details what you have.

alexander (Expert) 20 October 2015
This query has been repeated previously also and dealt with at length by several experts of this forum
2. When a legitimate adoption takes place the civil status of the adpotee child undergoes a certain legal change. It therefore necessary to have a legally documented record of this important change which in your case is called ADOPTION DEED

As I had mentioned that any adoption not in conormiy of the provisions of HINDU ADOPTION AND MAINTENANCE ACT ACT 1956 SHALL BE VOID. Further the Doctrine of FACTUM VALET too is strictly NO,NO.

Once you take all the facts and documentary evidence to your lawyer he may suggest a possible way out. I think that it is The High Court alone which can in its wisdom and on merits of the case if the case shows any merit may deem to press in sec 151 CPC in your aid.
Do your adopted parents have any son of their own.?

What was the legal necessity of your Father's elder brother taking you in adoption. depriving your biological mother of HER ONLY SON. He could have been your 'Guardian Uncle' without any legal sanction.