Who is her father !
Ramesh
(Querist) 01 March 2012
This query is : Resolved
Dear Experts of the Forum,
In case,a female child was given in adoption. But , adoption deed is not prepared,giving and taking the child is taken place.The child grew up in adoptive father's place, and in school certificate the adoptive father name is written/given. Now because of some peculiar reasons (Tricks played by adopted son in the family) , the adopted father is denying the adoption( Both the adopted parents died). And Biological father says he gave his child in adoption ,hence did not have any relation ship with the girl to the family. Now what she do.... Who is her father?
Thanking you ALL, for giving your time in solving this peculiar situation/problem.
Raj Kumar Makkad
(Expert) 01 March 2012
The girl should file a suit for declaration to the effect that she is the daughter of her adoptive father and thus has got all rights in his family like a natural daughter. She should made his brother as one of the parties with the biological parents and general public.
Adv.R.P.Chugh
(Expert) 01 March 2012
You have certainly not made yourself clear. However what I can tell you is - an adoption deed though is a good piece of evidence to prove adoption is certainly not necessary. If giving and taking can be proved otherwise, the child is successfully implanted in the adoptive family and all ties in natural family are cut down.
Deepak Nair
(Expert) 01 March 2012
You mentioned that the "adopted father is denying adoption" and again stated that "adopted parents died".
This makes the query unclear.
However, I go with the advise from Mr.Rajkumar Makkad.
PARDEEP KUMAR
(Expert) 03 March 2012
It's great,all the experts Mr. Deepak, Mr. Bharat,and Mr. Makkad are correct, and had already advised you appropriately. However, you didn't clarified the purpose for obtaining such a declaration.
V R SHROFF
(Expert) 03 March 2012
the adopted father is denying the adoption
( Both the adopted parents died)
is adopted father ALIVE OR DEAD??? best evidence is adp father.
CIRCUMSTANTIAL EVIDENCE PROVES ADOPTION, SO GO AS MR. MAKKAD SUGGESTED. CLAIM,
PUROSE:: PRADEEP, WHAT ELSE? PROPERTY.
she may loose all right, if cannot prove adoption, or her fiance may insist to prove adoption.
M V Gupta
(Expert) 08 March 2012
The denial said to have been made by the adoptive father that he did not adopt the child can be rebutted by other evidence such as the School records etc. The daughter should file a declaratory suit as suggested if circumstances so demand. Perhaps the natural father should give her all the necessary support.
