Adoption
John Ruban
(Querist) 03 December 2014
This query is : Resolved
The Hindu Joint family members ABC respectively as brothers. A got three famale child. B got one male child as X. C got 2 male child. All are hindu joint family members. In the year of 1985 A was died without got 3 female daughter and his wife. That time Hindu family members discussed and oraly with choosed X is a cremated only A's funerial function as a adopted son ( At the time X is Major). No documents created such adoption. In the year of 1986 B is dead. Subsequently all are arranged family partition with registered deed. If the deed made as noted X is a adopted son of A. A legal heirs of wife and 3 daughters and adopted son (X) were equal share of A's Share and A's legal heirs made release deed to give share themselves to X. So X is take possession A's share and B shares. Now all the documents are show in the name of X. Now issues arising X is not sale of becomes partition property. Issues is X is a A's adopted son but not B's son. so X is cannot entitled to claim B's total share. Despite X claimed entitle B's one share. Other share is to go C. The issues are right or wrong. kindly anybody clarify the issue and if the judgment is available as Adopted son to claim over the biological father property.
ajay sethi
(Expert) 04 December 2014
adopted son cannot claim biological father property . registered deed of partition recognizes X is adopted son of A . other legal heirs of A have executed release deed in favour of X .
however only person under age of 15 can be adopted . in present case X was major . further no adoption deed was made wherein natural parents have given son in adoption to A .
malipeddi jaggarao
(Expert) 04 December 2014
X was major at the time of performing funerals at which point of time, the adoption issue came in. No adoption deed was made and no rituals took place and even then he was not capable of giving in adoption because of his age. The question of adoption in legal point of view is not there in this case. He should be treated as son of B, one of the legal heirs of B and he is entitled for the share of B. If the A's other legal heirs voluntarily give any share by way of release deed, he can get that property and he has every right in the property of his father B. If somebody objects, they have to prove that X was given in adoption and there is no such proof. Hence he can claim the share in his father B's property.
Rajendra K Goyal
(Expert) 05 December 2014
Well advised, agree with the experts.
T. Kalaiselvan, Advocate
(Expert) 08 December 2014
A detailed explanation given by expert Mr. Malipeddi Jagga Rao answers the query very satisfactorily, nothing more to add.
malipeddi jaggarao
(Expert) 09 December 2014
Thanks to experts especially to Mr.Kalaiselvan, who encourages me always if he finds my suggestion as helpful to the authors.
