Adoption prior HAMA 1956 and property rights vested before a
NAGARAJ
(Querist) 01 September 2018
This query is : Resolved
Right in property after adoption
An adoptee can take only that property to his adoptive family from his birth family which is already vested in the adoptee prior to adoption by inheritance or by partition in the natural family or as sole surviving coparcener as he becomes its absolute owner. Clause (b) of the proviso to section 12 cannot be attracted when the property has not been vested in him and is still a fluctuating coparcener property; Devgonda Raygonda Patil v. Shamgonda Raygonda Patil, AIR 1992 Bom 189.
Vested property
�Vested property� in the context of clause (b) of the proviso to section 12 means property in which indefeasible right is created, i.e., on no contingency it can be defeated in respect of particular property; Devgonda Raygonda Patil v. Shamgonda Raygonda Patil, AIR 1992 Bom 189.
??????In my case.prior to adoption act in 1940s widow aunty no issues she taken care of her sister son.and no adoption deed was executed .no givin and take cermoney took place. Now i hv filed partition suit .Can i claim my natural father ancestral property which s vested before my adoption..?.any landmark citation
Dr J C Vashista
(Expert) 02 September 2018
Vague and confusing statement.
No citations are provided on this platform.
Seek guidance of a local senior advocate.
Kumar Doab
(Expert) 02 September 2018
If there was NO giving and taking, NO adoption deed then or later then what was done to fulfill requisites of valid adoption?
Your query does post that child was with the Lady and lady took care of the child (relative)!
Kumar Doab
(Expert) 02 September 2018
Vashistaji,
Citation na bhi devain, kuch roshni to dalain!
