Legal status of me in a messed up family?!?
Richy
(Querist) 19 May 2014
This query is : Resolved
Hi All...
I am seeking a prompt answer for my legal status in the family as a step-son.
My mother had divorced my father in 1987. She got remarried to a person who's wife was died and he had 3 children in his first marriage. Then i was 4 years old. At that time he gave a word to my mother's parents(they are still alive) as well as to my mother that he would take care of me like his own son. Based on that she married that person. From that day i am staying with that family where my mother got remarried. Now its been 26 years. My Mother and that person together has a daughter. so we are 5 children in total. He brought me up as his own child in front of the society? Now his children are creating so many issues against me.
Q: 1) If i file a case will i be able to obtain a title of an adopted child? How this relation is defined? What is my legal status in that family?
2) Am i his step-son or adopted son or Is he just my local guardian? If i fall in any of this 3 category then what all privileges i have in that family? Do i have all the rights in everything as the other children have in that family?
After 26 years if his daughters are asking me to go away from that home what else can i do rather going for a legal opinion. Where will i go now? Who will be there for me?. I cannot go to my biological father because i haven't met him since years.
Being a step son do i have any rights on his succession (like property or carry his lineal heir)? He don't have his own son alive, he passed away 4 years back. So i am the only male child now. I am not able to find any relevant cases of this kind or not able to find any supporting law in hindu succession act. If there is any case laws or LAW kindly quote.
I am not here for any kind of arguments. I just need to know my rights!
Thanks in advance
Richi
ROHIT SHARMA
(Expert) 19 May 2014
Dear Mr Richi,
1. You see, adoption in your case can be still be made provided that your biological father and your mother and your step father together make a adoption deed. For adoption the consent of both the parents of the adopting parents ( in your case the first wife of your step father being dead then the single adopting parent is can give his consent) and that of the donor parents of such person being given in adoption is mandatory required. But you say you do not know where your biological father resides. If you have such information then the adoption deed can be made made as of now.
2. You still be considered as a step son and this is also a legal status irrespective of the fact that there is no written adoption deed.
3. Of course your mother's daughter from such step father is related as 'uterine blood' with you. She on the other hand also becomes half blood relations with your step father's other daughter from his first marriage. Therefore she become a legal heir too of your step father.
4. Your mother of course has a vested right in her present husband's property and her share in such property would then devolve upon her in the event of your step father's demise and then she can transfer such share of her's in your name. Yet, the daughter from such her husband would have her independent share in your step father's property and cannot therefore claim to have a share in your mother's share in such property in context.
5. The daughter's cannot force you to evict from such house till your mother is residing in such house.
6. The best way to get the advantage for your self in such property is that your father makes a Will in which you too are shown as a beneficiary. Remind your step father of his words given to your mother.
Rajendra K Goyal
(Expert) 19 May 2014
1) - In the given facts quite difficult to prove title of an adopted child.
-- No legal status seems to exist in this family.
2) - Your mother is your natural guardian.
- as advised by the expert you your mother can give her share to you after her husband expires and she gets a share in the property. Alternately her husband can bequeath a portion of self acquired property in you name.
You can claim your share in the property of your biological father if he expires intestate or has ancestral property.
