Alienation of Property of a missing child
kranthi kiran
(Querist) 15 November 2009
This query is : Resolved
One widow lady looked after a female child and a male child, as if they were adopted daughter and son. Both the children were left at hospital by some unknown persons and as such this lady at different point of times had took them to her house and brought them up. No legal procedure was fillowed by the lady for taking adoption. The deemed adoption of the boy was taken after attainment of the majority by the girl eariler adopted. Later on the marriage of the girl was performed. The lady in the year 1995 has executed two seperate agreements in favour of the girl and minor boy repectively, aleinating her house property equally to the boy and girl. Those two agreements are un-registered agreemtets but they are attested by the notary.
After the death of the lady, the adopted Girl, with a malice intention to grab the entire property, had took the minor boy (aged 12) to a railway station and let him illegally transported by leaving him in a train. The minor boy, who is now aged about 22 Years. had spent all these Years in Kerala State working in hotel as bonded labour. Now the boy at the age of 22 has returned to the Village. His sister (i.e, the lady adopted by his adopted mother) refused to shelter the boy. The lady is refusing to give share in the house. The Other relatives of the adopted mother have recognised the boy and are supproting him. But his sister is denying share in the property and is trying to alienate the property to third parties. Further the lady along with her husband beat the boy and threatened him with dire consequences.
The boy came to me seeking advice. Can he file suit for declaration and recovery of possesion based on the notarised agreement executed by his adopted mother. The relatives of the adopted mother are ready to give evidence regarding adoption and the execution of agreement. But it has been already(4) Years that the boy had attained majority.
Further, now at this pont of time, after a lapse of 10 Years,whether the the boy can file a criminal case for abduction and illegal transportation. In this regard, one more thing I forgot to mention is that, when the boy found missing, way back in the year 1999, a compalaint has been lodged with the police and a FIR had been registered.
Seeking advice of my learned seniors
adv. rajeev ( rajoo )
(Expert) 15 November 2009
only on the basis of the notarisd agreement declaration suit cannot be filed,moreover it is already time barred, but he can file a suit for partition and seperate possession of his 1/2 share.
The detail avearments of the plaint is necessary.
adv. rajeev ( rajoo )
(Expert) 15 November 2009
It is necessary to not to disclose the agreement exeucted in favour of minor boy, let her sister says about that.
U can also file a suit for declaration taking a contention that " on__day__month AND YEAR plaintiff came to know that illegally defendant(sister) is alienating the property of the plaintiff.
You are also required to file IA u/o 39 r 1 & 2 as not to alienate the suit property.
Jithendra.H.J
(Expert) 15 November 2009
as there is no adoption deed, it is difficult to file for partition,
suit for declaration can be filed, it is not time barred if cause of action is invented.
Raj Kumar Makkad
(Expert) 15 November 2009
As the police complaint about missing of the boy is available so nothing has gone and limitation has not expired to file suit for declaration and ad-interim injunction restraining her sister to alienate the properties in the hands of third persons. If the boy has agreement, her sister has also similar document. If sister can become the owner of the properties left by her mother on the basis of the alleged unregistered agreement (say will), what is the obstacle in the way of that son on the same grounds. This is the fit case for declaration.
Sachin Bhatia
(Expert) 21 November 2009
Yes you can file a suit for declaration.
