Suit filed for declaration on adoption.
BAALASUBRAMANNYAMM
(Querist) 03 November 2009
This query is : Resolved
Respected Sir,
Sub: - Suit filed for declaration on adoption.
“A” is filed a suit for declaration claiming that he was an adopted son of “X and Y” and he further stating that he was adopted by “X and Y” at the age of 5 years and all his educational records are showing that his parents are “X and Y” He filed the suit against B and others.
“B” is also defending the above case that “A” is not an adopted son and I am the adopted son of “X and Y” He is stating that he was adopted in the year 1983 as per Hindu caste custom and in the year 1985 an adopted deed was duly executed by Y (adopted father) and registered in the office of Sub registrar office of the concerned area ,since the adopted mother “x” was died prior to the registration of the adoption deed .(died after the adopted ceremony.) And also a Gazette Notification has been made to that effect. All the revenue records are also in the name of “B” till now, after the death of “X” adopted mother. Since the lands are in the name of adopted mother. Subsequently the adopted father was also died. In this we are appearing for “B”.
So I want to clarify the following doubts.
1. How “A” is proving that he is an adopted son of X and Y. and simply filed a Transfer certificate of college and other un-important documents like Pan card, Driving license, voters list etc. ,showing that his father name is “Y”.
2. And wherein “B” is having sufficient documentary evidence like.,
(1) Registered adoption deed.2) Gazette Notification. (3) Revenue Records and (4) all school records.
(3) How the suit is going to be dismissed.
adv. rajeev ( rajoo )
(Expert) 03 November 2009
Mere production of transfer certificate and other documens does not prove that A is adopted son of X and Y.
Burden will be lies on the A to prove the ceremony of adoption and wittnesses are necessary to prove the adoption.
B has got valid adoption deed but he has to prove the ceremony etc.,
A has no strong case.
Raj Kumar Makkad
(Expert) 03 November 2009
You yourself have given indication how the suit shall be got dismissed. The cases are decided on the basis of pleading supported with strong and reliable documentary evidence and sometimes where documents are not available then oral evidence and as per my opinion both the fronts of B are more than sufficient to get the case dismissed.
