Whom adoption is legally valid.
Querist :
Anonymous
(Querist) 14 June 2010
This query is : Resolved
Respected Experts,
Here is a complicated issue, which I am placing for ur valuable suggestion. Plz. Suggest me suitably.
A filed a suit in the year 2003 against B for declaration to declare him as an adopted son of late C. To prove his case, “A” filed his School records stating that C is his father. Now the age of A is 58 years.
On the other hand, B is denying the plea of A and contending that he was the original adopted son of late “C” and filed (1) Registered Adoption deed duly signed and executed by “C” in the year 1985 (2) Gazette Notification in the year 1985 (3) And mutation proceedings in the year 1989 and the Revenue Records stands in his name.
As per the contention of B, though “A” was with “C” for some time at his early age, there was no registration of an adoption deed etc., as like as “B” and further contended that he was absconded for more than 10 to 15 years prior to death of wife of C. C’s wife died in the year 1984 and C died in the year 1997. After the death of C’s wife, C was with B till his death. Due to love and affection on “B”, both C and his wife have taken him as adopted son and performed all the formalities as per the Hindu caste custom. Now the case is pending before the court. In this Now
1. I want to know at this juncture, whose plea is to be accepted by the court.
2. What is the procedure generally the courts followed, in case of adoptions.
ARVIND JAIN
(Expert) 14 June 2010
IN THIS CASE REGD ADOPTION DEED WILL PREVAIL AND NO ONE CAN ADOPT TWO SONS/DAUGHTERS.
Raj Kumar Makkad
(Expert) 14 June 2010
The plea of B is better than A so far as documentary evidence is concerned but A can prove his adoption by way of initial and original documents prepared in his childhood like school certificates and other residential proofs like ration card etc. if available. Court take all evidence in consideration and decide the suit on the basis of all possibilities and evidence in consideration.
G. ARAVINTHAN
(Expert) 20 June 2010
Validity of adoption have more value and hence " B " will be the adoptive son on the eyes of Law.
Though "A" have documentary proof, it have lower value on based Gazette notification
Querist :
Anonymous
(Querist) 21 June 2010
Thanks to all experts for giving valuable suggession.
