Adoption-Rights in Family.
Rathnakar P V
(Querist) 02 December 2008
This query is : Resolved
An issue less couple adopts a Male child (His Elder brother's son) and a Female child{She is 2/3 yrs. old,at the time of adoption}(His Younger brother's daughter).After some years( After the Marriage of Female child in the year 1978), may be because of Pressure from the Male child side, Adoptive father dis-owns the Adoption of Female child(No adoption papers are made at the time of adoption.But in School records, where Father's name and the Family name is shown is of Adoptive Father).The adopted father parts his property in two shares, one share A Residential house with adj.open land of Ac2.00 on the name of his adopted male Child, and balance ESTATE On the names of his GRAND SON'S( IE.SON'S SONS).He died In the year 2003,and his wife had died before long back.The property so parted is not self earned But, Inherited to him from his wife side By will/Marriage from his Mother in law side.Under the circumstances what should the Female child do, to get her Share?The Will written By this Adopted father of the Female child is Enforceable?Please SUGGEST the options available to the Female in the Question.She has only School records to Prove the ADOPTION in to the FAMILY.She is Afraid of fighting a legal battle(Don't want strain the relation-ships, with her co adopted Brothers family).???...
Murali Krishna
(Expert) 02 December 2008
By adoption, a child becomes part and parcel of the family and gets all the rights of a natural child. Hence, she can get all the privileges/benefits/rights and liabilities of a natural born child.
Only thind is that she has to prove adoption. Documentary proof is not necessary. Giving of and taking in adoption is to be proved.
By the way, whether all the parties are Hindus? Because adoptions are known only in Hindu religion and is againt personal law of other religions.
Rathnakar P V
(Querist) 03 December 2008
Sir, Thank you very much.YES, the family is HINDU.You said, that the adoption is to be proved,HOW IT CAN BE PROVED? IS SCHOOL records, are not sufficient? If it is Necessary ORAL evidence can be Provided;Will this Serve the purpose? Which FORUM/COURT is to be approached.Is the WILL written by adoptive Father is Valid?*(INherited to him through WIll/Marriage from his Mother in law.)
Rathnakar P V
(Querist) 07 December 2008
Hi! Is my Question is unsolvable?....Will some Learned Lawyer of the Forum, take some time and go through my QUESTION Please?..... Thank You.
Manish Singh
(Expert) 08 December 2008
you can prove it by showing school records whtether your name appears as father or so and your relatives can corroborate the adoption in the court.
But for property share she was at that time , after marriage, not entitled to any share in the property.
Rathnakar P V
(Querist) 08 December 2008
Dear Manish garu, thank you very much. But , i didn't follow your second para/Reply, Please!
Adv.Shine Thomas
(Expert) 08 December 2008
School record is sufficent to prove the adoption.Then the female child is entitled to get a share of the property inherited from the female side.
Rathnakar P V
(Querist) 09 December 2008
Dear Shine Thomas Garu, Thank you very much.
PALNITKAR V.V.
(Expert) 15 January 2009
Mr. Manish and Mr. Thomas have given appropriate advise.
Rathnakar P V
(Querist) 05 April 2009
Dear Hiralal Das,
Why, Who do you,and What for, YOU THANK ALL ?
