Whether the relations of adopted son was ceased with his natural father after adoption
RAJESH KUMAR
(Querist) 28 June 2013
This query is : Resolved
A Industrial plot was allotted in the name of Amar Sing adopted son of Kalu Ram. Amar Singh formed a Pvt. Ltd. Co. whereby he himself hold 60% share and remaining 40% share are hold by Bhagwan Dass S/o Jaimal Singh.
Sh. Amar Singh has requested the Industrial Department for allowing permission for implementing the project by a company owned by him and his family members.
The terms & condition for implement the project of Industrial Policy is - “In case the allottee is a company and intends to implement the proposed project through its subsidiary company, such a request can be considered by the MD subject to the condition that the entire paid up capital of the subsidiary company is held by the allottee company and its shareholders/promoters Directors,. Similarly, implementation of project through holding company of the allottee company and their family members (spouse, son, daughter, parents, brothers, sisters, grand sons/sisters and their spouses) shall also be covered under this clause”.
[Sh. Amar Singh was born by Sh. Jaimal Singh and Smt. Sarla Devi, who are also natural parents of Sh. Bhagwan Dass but latter on in a family adoption Amar Singh was adopted by his real uncle Kalu Ram.]
Now the question arise that a). ‘Whether Sh. Amar Singh and Sh. Bhagwan Dass can be treated as real brother or not, in view of the adoption.’ b) Whether Amar Singh falls under the definition of family as prescribed under Industrial Policy. c) Can both are treated as family members as per Policy? d) Whether Sh. Amar Singh’s relations with his father Sh. Jaimal Singh was ceased from the date he was adopted by Kalu Ram?
Anirudh
(Expert) 28 June 2013
a). ‘Whether Sh. Amar Singh and Sh. Bhagwan Dass can be treated as real brother or not, in view of the adoption.’
NO THEY ARE NOT REAL BROTHERS (IN VIEW OF ADOPTION).
b) Whether Amar Singh falls under the definition of family as prescribed under Industrial Policy.
NO.
c) Can both are treated as family members as per Policy?
NO.
d) Whether Sh. Amar Singh’s relations with his father Sh. Jaimal Singh was ceased from the date he was adopted by Kalu Ram?
YES.
prabhakar singh
(Expert) 28 June 2013
Mr.Anirudh has categorically and correctly addressed all questions and my answer would be no other than those given by him.
