Challlenging an adoption
R.K.Sahu
(Querist) 24 July 2012
This query is : Resolved
From R.K.Sahu
Bhubaneswar, Odisha
Dtd. 24.07.2012
Sir,
I need your valuable suggestion on the matter of Adoption. In fact my elder brother (6 year older than me)is living in a different house since 50 years and adoptee father name is printed in all educational documents (Matric onwards).After giving and taking, the adoptee father blessed with a daughter from his second wife (being first wife alive). At present both children are married and the adoptee father his first wife has been demised and second wife is live.Now, the daughter claims that the adoption was not made even after a will and partition deed was made by the adoptee father in the name of both the children and claims full property and challenging the adoption.
At this juncture, I would like to know that, can the daughter or his mother (second wife of the adoptee) file a petition to nullify the adoption? and the adopted son to come back to his natural father?
I would be grateful to you for your kind information in this regard.
ajay sethi
(Expert) 24 July 2012
was any deed of adoption made ?has anatural father give his consent for adoption?
any one can fle petition in court but the chances of success would depend upon facts of the case .
if father has amde a will mentioning that he has adopted your brother it will help your case . apply for probate of will
