Adoption
Babu
(Querist) 28 May 2013
This query is : Resolved
i have two sisters, one my sister 'A' moved to my uncle home at the age of 20,but there is no any legal formalities such as adoption or seevkaram etc to become legal successor, now she is 40 got married and having two children, still staying at my uncle home since he has no children and wife passed away,now my uncle (85 years old and still alive) want to give his property to 3 of us,also wrote a will and registered, but the point is my sister 'A' threatening us like she is only the legal successor for the entire uncle property since she staying there over 20 years,please advice how she can claim? how it will work? what is our position?
Devajyoti Barman
(Expert) 28 May 2013
No, she can not claim any share in it. However consideration her long association with the uncle you should not deprive her altogether.
Sudhir Kumar, Advocate
(Expert) 28 May 2013
A CHILD ABOVE 15 CANNOT BE ADOPTED AND RATHER THERE HAD BEEN ADOPTION.
IF HE WAS YOUR MATERNAL UNCLE THEN HE CANNOT ADOPT THE CHILD OF A WOMAN WHOM HE CANNOT MARRY
The will would have been valid even if there was valid and lawful adoption.
Your sister will have to waste few thousand rupees of her and yours.
Sudhir Kumar, Advocate
(Expert) 28 May 2013
wait when your sister litigate and what parentage she mentions in the application.
Rajendra K Goyal
(Expert) 28 May 2013
The property is to be distributed as per will of your uncle. Your Sister has no right if your uncle does not want.
Babu
(Querist) 29 May 2013
Thanks for your valuable comment,
Babu
(Querist) 29 May 2013
is there any chance for my mother write a will and register stating that " we never give any of my children for adoption/ seevekaram " is it workable? pls advice
Raj Kumar Makkad
(Expert) 29 May 2013
Your mother is free to make will against her own property.
Raj Kumar Makkad
(Expert) 29 May 2013
Even no reasoning is required to be given in favour of the beneficiary in the will.
malipeddi jaggarao
(Expert) 30 May 2013
There is no issue at all. The Will of your uncle prevails. It can not be challenged by your sister.
Babu
(Querist) 17 June 2013
Dear Rajkumar Sir,
Thank you very much for providing your opinion, just i gone through entire will, in that my uncle mentioned that ' he took my sister as adopted daughter with my father approval from her childhood' but its not true, she went there at the age of 20 after finished +2 from our home, that y am asking is there any valued added if my mother draft a will stating that my sister not give for adopted,
Babu
(Querist) 17 June 2013
Dear Rajkumar Sir,
Thank you very much for providing your opinion, just i gone through entire will, in that my uncle mentioned that ' he took my sister as adopted daughter with my father approval from her childhood' but its not true, she went there at the age of 20 after finished +2 from our home, that y am asking is there any valued added if my mother draft a will stating that my sister not give for adopted,
