Adopted son's right

BHARAT CH RANA (Querist) 21 January 2013 This query is : Resolved
My father is adopted son of 61 years . The real son of my grandfather is saying that my father having no right on the property of his father. although the adoption deed is there but it dose not fulfill all the condition of hindu adoption act 1956.other proof of doccumts are there, like

1) High school certificates

2) Voter identity card

3)In some of the property the two sons name have already been mentioned

so please help me out the action to be taken by us to establish the equla rights of my father on the property. My grand father & grand mother have died.

Please advise how the property will be segregated if the whole propery constitute partly ancestral.

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prabhakar singh (Expert) 21 January 2013
After adoption the adopted son looses all rights to property in the family he was born to substitute his rights in family he is adopted so as if he was really born in that family.

What are the defects you see in the adoption deed?????not told by you.

Any way how can such a deed be challenged now and by whom when your father is 60 years.?

Is it so that in family your father was adopted is property less.?

Your uncle is right in denying share to your father.

ajay sethi (Expert) 21 January 2013
adopted son has rights over adopted parents property . in addition you have stated that adoption deed has been entered into and you have other proof of documents

contact a locl lawyer .

BHARAT CH RANA (Querist) 21 January 2013
The deed was not signed by the grand mother.
The deed was made when my father was 19 years old

As of now we are cultivating the common land .we got separated from my uncle from last 10 years

prabhakar singh (Expert) 21 January 2013
The child can be given in adoption only by his father,if alive,but with consent of his mother.

However the point that at the time of his adoption your father was 19 years old goes very root of the case as NO ADOPTION OF HIS WAS LEGALLY POSSIBLE.HENCE THE DEED IS ILLEGAL.

IN VIEW OF THIS ASPECT OF THE MATTER NO ADOPTION HAS TAKEN PLACE.YOUR FATHER BEING
MAJOR ON DATE OF DEED COULD NOT BE GIVEN OR TAKEN IN ADOPTION.

HENCE HIS RIGHT REMAINS IN THE FAMILY HE WAS BORN.YOUR UNCLE CAN NOT DENY HIS RIGHTS IN THE PROPERTY OF HIS FATHER ON SUCH A SO CALLED INVALID ADOPTION DEED.