Gift deed in favour of adopted son's son(grand son)

GANGAM.RAJENDER. (Querist) 14 May 2015 This query is : Resolved
respected experts,

My father own earning property is trying to gift to the adopted son's son.My father has two children male and female (EXCLUDING ADOPTED SON).He adopted one without a adoption deed it is not legally valid but my father orally adopted we are living together since more than 25 years without any legal adoption proof.

Q1.My father now trying to transfer his property to grand son(ORALLY adopted son's son)by way of GIFT DEED.In the gift deed they are mentioning "DONOR IS THE GRAND FATHER OF DONEE".
By using this word can the orally adopted son converted to legal adopted son?
Q2.BY USING THIS GIFT DEED IS THERE ANY POSSIBILITY TO CLAIM OTHER PROPERTIES IN FUTURE BY ADOPTED SON?

THANK YOU SIR.

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Guest (Expert) 14 May 2015
Academic query.

Possibility is an uncertain future event. Discuss your own present problem, if you really have any.

Yudhish Padman S (Expert) 14 May 2015
Dear Rajendar,

Answer to Q1) Yes
Answer to Q2) Yes

Sudhir Kumar, Advocate (Expert) 15 May 2015
basically a man having a son cannot adopt a male child and a man having daughter cannot adopt a female child.

In this case it is not question of validity of adoption. If your father is having self acquired property he can gift to anyone can no objection can be there. You can certainly challange his status as grandoson.

You can give him advance notice through lawyer stating that there is no tenable adoption of his father and he may restrain himself as representing and admitting the status of grandson of your father.

Rajendra K Goyal (Expert) 15 May 2015
Your father can gift his self earned property to any one including so called son of his adopted son.

You can challenge if other property is claimed by so called adopted son in future.

GANGAM.RAJENDER. (Querist) 16 May 2015
thank you for your valuable suggestion.
thank you experts.

T. Kalaiselvan, Advocate (Expert) 17 May 2015
Experts have advised well, self acquired property can be transferred through a registered gift deed in favor of anyone of his choice by the title owner.

malipeddi jaggarao (Expert) 19 May 2015
I agree with the full and perfect advice of expert Mr.Sudhir Kumar.

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