Adoption rights

Lallit Sharma (Querist) 11 May 2017 This query is : Resolved
Dear Sir,
Please Guide me , My father was adopted by one of our Relative . And My Father Cared both the parents (i.e. Adopter Parents & Birth Parents) till their last moments.Only My grand mother is present Today (among them)& Living with us ,she is original mother of my father. There is some property in rajasthan , which is registered with my father's Name & received the same from my father's Both the parent's (i.e. Adopter Parents & Original Parents). in short transferred from Adopter & Birth Parent's to my Father's name.
1.Can my father get rights in both Parent's assets or property?
2.Can we use or sale the property of Both parent's?

3. Sir in case if my father sells the property of Adoptee Parents, we have to provide identity card and identity card of my father shows name of original father yet we are selling the property of adoptee parents. in this case can we made an statement for identity prove in affidavit that both are(my Father) the same person.
for example:- name of the person is Sunil kumar
name of original father is Dinesh Kumar
and name of adoptee father is Ghanshyam.
now we are selling the property of Sh.Ghanshyam Ji and the all documents of my father are in name of original father (dinesh kumar). now problem is for the selling of property of adoptee father we have to provide an affidavit due to mismatch in identity card. Property dealers are saying that we should give an affidavit mentioning that original father and adoptee father both are the same person. but i am thinking that it is not legal as we are giving incorrect statement. i think it comes under 420. sir
it is request to you kindly advise me for the selling of property of adoptee parents , how should i prove my identity . we have no adoption documents but property is registered in the name of my father.
pl. provide me affidavit language which is best/beneficial for us in terms of law.
Please advise us , we will be very thankful to you.
Thankyou Verymuch.

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Guest (Expert) 11 May 2017
Consult A Local Good Senior Advocate with all Documents and discuss in detail Please

R.K Nanda (Expert) 11 May 2017
contact local lawyer.

Kumar Doab (Expert) 11 May 2017
Same Query:

http://www.lawyersclubindia.com/experts/Rights-of-adopted-child-in-the-property-of-original-parents-and-adoptee-parents-640971.asp

Rajendra K Goyal (Expert) 11 May 2017
No reply if query repeated.

Sudhir Kumar, Advocate (Expert) 11 May 2017
Narrative is long

but just understated the at the adopted child loses legal contact with the natural parents.

the adoption will be illegal if :-

(1) child was above 15; or
(2) child was not hindu; or
(3) either of adoptive/natural parents was not hindu; or
(4) Child was married (legal or illegal)
(5) adoption was not in writing ; or
(6) adoption was not signed by any one of the natural / adoptive parents ; or
(7) the relationship of natural /adoptive parents did not for bid marriage. [i.e. a male cannot adopt child of his sister/aunt/nice or a female cannot adopt child of her brother/uncle/nephew - including cosines - whom she could not have married)

Sudhir Kumar, Advocate (Expert) 11 May 2017
You have to meet someone with papers. It appears your father is committing fraud.

Kumar Doab (Expert) 11 May 2017
As asked in other thread: Is your father alive?

Kumar Doab (Expert) 11 May 2017
Reply to the points raised by Mr. Sudhir Kumar in this thread.

Kumar Doab (Expert) 11 May 2017
Reply to the points raised by Mr. Rajendra K Goyal in this thread.

Adoption rights

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