Gift deed
RAJASHEKAR REDDY KAYITHI
(Querist) 29 December 2017
This query is : Resolved
A Hindu Family consists of Father, Mother and 2 Sons. Elder son adopted by a hindu family, Both sons are Major above age 25
Father has gifted his Property(Ancestor Property) to his Younger son, Elder Son and Mother Was present at the time of Registration and signed as Witness before the Sub Registrar.
Can the Elder Son(Who was Adopted by other Hindu Family) challenge the Gift Deed, can he claim share on the Biological Parents Property. Does Adoptee vests any interest on the Biological Parents Property (ancestral property) after adoption.
Guest
(Expert) 29 December 2017
Vague query.
Your other question on the same issue, but with caption "adoption" has already been responded at the following thread:
http://www.lawyersclubindia.com/experts/Adoption-666881.asp
Ms.Usha Kapoor
(Expert) 30 December 2017
Just because of adoption adoptee boy doesn't lose his rights in ancestral property 0f biological parents.He can challenge the gift deed to his biological brother by his biological parents and claim his share in a court of law.
Ms.Usha Kapoor
(Expert) 30 December 2017
If you appreciate my answer please click likes.
Guest
(Expert) 30 December 2017
You have got a good & sweet lolly pop by the expert Ms. Usha Kapoor. You may win or lose, but must appreciate her.
R.Ramachandran
(Expert) 30 December 2017
Once a person has been given in adoption legally, then that person ceases to be a member of biological family. Therefore the question of claiming any rights over any property (self acquired or ancestral) of the biological family simply does not arise.
PLEASE DO NOT GIVE ANY LIKES FOR MY ANSWER EVEN BY MISTAKE. I DO NOT LOOK FORWARD TO SUCH LIKES OR DISLIKES. I SIMPLY CONCENTRATE IN PROVIDING ANSWERS TO THE QUERY, WHEREVER I KNOW THE ANSWER AND OTHERWISE KEEP QUIET.
Ms.Usha Kapoor
(Expert) 30 December 2017
@Mr. Ramachandran.
Just because of adoption adopted children don't lose their rights to ancestral property rights of Biological parents. You please go through Hindu Adoption and Maintenance Act.
Guest
(Expert) 30 December 2017
Good advice of Ms. Usha Kapoor for Mr. Ramachandran to read the whole of the Act, just to find to what extent Ms. Usha Kapoor is correct. Probably Ms. Usha Kapoor has assumed Mr. Ramachandran as a common reader, not an advocate.
If she thinks her opinion to be correct, why Ms. Usha Kapoor should not quote the relevant section of the Act?
Kumar Doab
(Expert) 30 December 2017
Adopted son being witness in said gift deed may not succeed to contest gift deed atleast on any pressure on donor.
You may clarify the donor is Father or mother?
Have you got it confirmed from a very able senior LOCAL counsel of unshakable repute and integrity specializing in such/civil matters and having a successful track record, by showing property related docs that the said property is indeed ancestral ( Pushtaini)?
Merits or NO merits the said witness/adopted son can approach court of law and in that case court shall decide on facts, merits.
His very able senior LOCAL counsel shall present his version and you can counter.
Kumar Doab
(Expert) 30 December 2017
IT=@PSD
The postor at post no.2 i.e. immediately after 1st post of querist i.e query and then at post no. 6th,9th is one of the multiple fake ID’s of IT=@PSD...
The insatiable affliction to vegueness, vague, and itch to attack, litter nuisance, sarcasm and score points with good for noting posts, from Day1 in all threads is reflected in this thread also.
The contribution in all threads is NIL,ZERO today also like evereyday from day1.
Kumar Doab
(Expert) 30 December 2017
Mr. R. Ramachandran has not named Ms. Usha Kapoor.
Ms.Usha Kapoor
(Expert) 30 December 2017
Dear Experts,
Please read section 12 of Hindu Adoption and maintenance Act.
Section 12:: Central Government Act
Section 12 in The Hindu Adoptions and Maintenance Act, 1956
12 Effects of adoption. —An adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of the adoption and from such date all the ties of the child in the family of his or her birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family: Provided that—
(a) the child cannot marry any person whom he or she could not have married if he or she had continued in the family of his or her birth;
(b) any property which vested in the adopted child before the adoption shall continue to vest in such person subject to the obligations, if any, attaching to the ownership of such property, including the obligation to maintain relatives in the family of his or her birth;
(c) the adopted child shall not divest any person of any estate which vested in him or her before the adoption.
Section 12(b)is relevant for our purpose. So ancestral property rights vested in adopted child from his biological parents would continue to vest in him even after ADOPTION SUBJECT TO SAME OBLIGATIONS AS IN HIS BIOLOGICAL FAMILY.
R.Ramachandran
(Expert) 30 December 2017
Dear Ms. Usha Kapoor,
For your kind information - I never attempt a question and answer, unless I have read the subject and sure of the answer. This is for the simple reason that I may not be worth my salt to answer in an Expert column without this basic, especially when the Querist comes to LCI hoping to get correct answer to his query.
Having said this, please also note that, once again I have completely gone through the Hindu Adoptions and Maintenance Act, 1956, and I stand by what I stated in my answer that once a person is given in adoption legally, then that person ceases to be a member of the biological family, and consequently has no right whatsoever in the property belonging to the biological family. This is my answer to the fact situation of the instant query.
I am damn sure, I will be able to successfully defend my views to the hilt at any Forum.
I have no quarrel if your legal knowledge tells you otherwise.
Guest
(Expert) 31 December 2017
Excellent competition between the experts on a purely academic query, even without taking care about the basics of of adoption, whether the adopted person was legally qualified to be adopted or not!
Guest
(Expert) 31 December 2017
@ Kumar Doab (fake expert)
May or may not it be a competition between the experts, but a fake expert, Mr. Kumar Doab has surely got a good opportunity to play a number game by making 3 very vague posts, just to add scores to his credit, besides having got a chance to give demonstration of his unsound mind by a starting one of his post with some irrelevant term "IT=@PSD"!
Dr J C Vashista
(Expert) 01 January 2018
I fully agree, endorse and appreciate the expert opinion, acumenship qua legal knowledge of Mr. R Ramachandran but could not digest the opinion and advise of an impersonating / fake expert.
Dr J C Vashista
(Expert) 01 January 2018
The adopted son has lost all his coparcenary rights, in consequence of his adoption and succeeding in the ancestral property of his adoptive (not biological) father.
If the adoptive son raises any objection to "gift deed" executed by father in favour of his biological son the objection is not maintainable.
Kumar Doab
(Expert) 02 January 2018
IT=@PSD
The entity at 2nd,6th,7th,9th,15th,16th post in this thread and also in other threads of same querist and from the day the query is initiated, and everyday in all threads from Day1 from all of IT’s=@PSD’s multiple fake ID’s have done NOHING else than
Littering IT’s=@PSD’s TRADEMARK TAMASHAA ( IT’s own admission) , nuisance, abuse, sarcasm, quarrels,
IT’s=@PSD’s contribution in the threads of the querist and all threads is NIL and ZERO.
Advertising picture of a sick, old entity in one of multipl fake ID’s was/is/will not be of NO impact/effect/consequence…..
The daily TRADEMARK TAMASHAA is just to earn points and claim IT as qualification at other ONLINE portals outside LCI…….while indeed this is NO qualification at LCI or any other ONLINE portals…
Kumar Doab
(Expert) 02 January 2018
In both threads you have been provided with meaningful inputs that you my take home and leave the Trademark nuisance/sarcasm/personal attacks/daily quarrel that is littered at LCI from Day1 by chronic and habitual offenders …………………………
And go back to elders of your family/competent and experienced well wishers ……………..senior LOCAL counsels of unshakable repute and integrity specializing in such/civil matters and having a successful track record in such matters…………
Your OWN senior LOCAL counsel as suggested above can draw strategy for you and render a considered opinion despite some conflicting judgments by courts of law as per facts and details of your matter and render a considered opinion to you.
Finally you may decide on what exactly you would prefer to do as per merits or NO merits…….
IT shall be futile to litigate IF there are NO merits…….
Your OWN senior LOCAL counsel as suggested above, worth his/her salt shall update you on recourses, options and merits in each option….
Guest
(Expert) 03 January 2018
With his two more vague and irrelevant posts, a great demonstration of his disturbed mind by Mr.Kumar Doab (unreal name). After all he was to fulfill his lust to play a number game to add scores to his credit.
Welcome again to fully shaken up Mr. Kumar Doab with his utter frustration !
