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HarishKumar (owner)     14 November 2012

Adopted girl child right

all respected sir,

I need urgend advise on the below matter.

My father A, have two brother B & C. B have no children. he(B) took a girl child from C in very small age and take care of her, give her own fathers name in school certificate. she got her schooling and married by him. this adoptation was the family sattlement on the advise of my grand mother and hence not registered any where. Now the Uncle B wanted to transfer our ancestral property to his brother in law's son because of unethical intimacy with his mother.

how could my sister (girl child) got her right as the above persons making encrochment in property. how to vacant out the property from these culprits.



Learning

 2 Replies

Adv.R.P.Chugh (Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com))     14 November 2012

The basic question here is "whether on bringing up a girl and giving her his name as father - your uncle can be said to have legally adopted the girl" The answer per se would be NO. Adoption though not required to be in writing or registered, still has to be a transaction by which give and take of child is established, there should be proof that the child was given in adoption by the natural parents and taken by your uncle as child, a lot of other conditions like relation with the child/ a certain age difference/age of girl when adopted all have to be seen in order to say whether girl is legally adopted in the eyes of law or not. 

 

See a local advocate. 

 

 

Bharat Chugh - Advocate Supreme Court of India

 

Law for Layman (Laws of India Initiative)

*www.advocatebharatchugh.wordpress.com

*www.bharatchugh.wordpress.com

*www.facebook.com/advocatebharatchughonthelawsofindia

*https://www.thelawsofindia.blogspot.in

HarishKumar (owner)     15 November 2012

Respected Sir,

This take and give was done when the Girl child was in class 3 (6-7 years of age) . Both paties are Real brothers in relation.

kindly tell me whether she can claim her right .


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