Was adoption deed compulsory 70 yrs ago and what is the status of the adopted sons in the property
swetha
(Querist) 05 February 2014
This query is : Resolved
there were two sons to a lady and one of the was adopted approx.70yrs ago without any adoption deed and both the sons expired leaving behind their kids, and the sons of the one who was not adopted sold the property to their cousins leaving behind the son of the adopted one.. so, kindly suggest me what are the steps to be taken by the son of the adopted son of the lady.
and what is the legal status of the son of the adopted son of the lady regarding the family property
Advocate Ravinder
(Expert) 06 February 2014
Infact, adoption is compulsory. But the defect can be rectified by filing a civil suit of declaration. You have to file a civil suit before the local civil court praying the court to declare the son of adopted son of the lady as the true legal heir of the properties who adopted him. You have to file relavant documents before the court to show that he is member of your family since 70 years, i.e. ration card, family photos, any correspondence letters etc. Hire a good lawyer. You have cent percent chances of winning the case.
Advocate. Arunagiri
(Expert) 06 February 2014
If the Civil court declares that the adoption is valid, the legal heirs of the adopted boy will have the right over the property.
T. Kalaiselvan, Advocate
(Expert) 07 February 2014
Once the court decrees the declaration of the adoption as valid, the heirs of the adopted son can claim their right of share in the intestate property of the deceased as a legal heir.
malipeddi jaggarao
(Expert) 07 February 2014
First adoption should be legalized through Civil Court. Then he can file another suit to set-aside the sale and claim his share. It will take its own time to conclude two civil suits. Instead you can involve the elders and settle the matter amicably.
swetha
(Querist) 07 February 2014
thanx for the replies.. the biggest drawback in my matter is the lady expired and as well her adopted son also expired.. but the adopted son had a son and the grandson and their need a share in the joint family propert
prabhakar singh
(Expert) 07 February 2014
ADOPTIONS IN PAST WERE OFTEN ORAL AND CEREMONIAL.
AN ADOPTED SON CEASES TO HAVE ALL CONNECTIONS IN THE FAMILY HE WAS BORN.
AFTER ADOPTION HE IS TREATED TO HAVE BEEN BORN IN THE FAMILY HE IS ADOPTED.
IF IT GOES PROVED THAT HE WAS GIVEN IN ADOPTION THEN HE HAS NO SHARE IN THE PROPERTY OF HER NATURAL MOTHER,SO ALSO HIS DESCENDANTS .
swetha
(Querist) 07 February 2014
sirs can you suggest me what steps can the son and the grandson of the adopted son can take to get their right in the joint family property
prabhakar singh
(Expert) 07 February 2014
IN WHICH FAMILY?
BIRTH?
OR
IN THE FAMILY OF ADOPTION?
IF THERE IS NO PROOF OR EVIDENCE OF ADOPTION
THEY CAN MAKE CLAIM BY A LAW SUIT.
swetha
(Querist) 08 February 2014
shall we file an civil suit or an criminal suit
