JAYANTH V 20 May 2020

Can we prove adoption, without adoption deed

My father has been adopted from his own biological father's brother, but the given and taken physical act was done between them. They did not made a deed about adoption and none were about the law, they considered intra family adoption. After few years adopted mother dies from disease and adoptive father married another lady and she got three babies. After certain majority year's adoptive father transferred his property to as gift deed to second wife. Now she is showing step mother attitude after making all property to her name. Here all the essential proof's like schools markscard, a family photo of adoptive father and mother, and for everything adoptive father name as mentioned as father, my father was 3months baby while adoption done. All nameing ceremony done by adoptive father and mother. Here im asking can my father has a right to claim a property

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18 Replies

Shashi Dhara 21 May 2020

Yes he can.contact local advocate and take his opinion. But if adopted father denies and becomes henpecked husband of 2nd wife then it is difficult to prove it.second wife has three babies girl and boy so even if he wins he get less share i.e.1/5th that too if it is ancestral property.so it is better to forget it and let he try to become independent.going to court is too burden.let well wishers sit and come to compromise if they deny tell that you go to court of law by engaging minimum fee advocate.if they come to compromise compromise .

P. Venu (Advocate) 21 May 2020

Adoption is valid even in the absence of deed.

Has all the father's properties been transferred by the gift deed?

Is your father alive now?

What about the properties of your late adoptive mother?

JAYANTH V 21 May 2020

1)Yes sir a property is being transferd to second wife as gift deed without whispering any matter to my father, while he was residing with them only. 2)Yes my father alive now. 3)No property is mentioned to late wife. All property is gifted to second wife 4) adopted father and my father biological parents also alive now

Shashi Dhara 21 May 2020

What your adoptive father says.if he denies that you are not adopted son it is hard to prove.so try to compromise amicably with elders.if it is ancestral property then the share of two death babies will be alloted to mother.so your share is less then ,1/5th.

JAYANTH V 21 May 2020

If he comprises his second wife will not to compromise, like as you said these compromise attempts had been before by giving only very tiny piece of amount which none will accept that, she say if u deny ill not give anything and ill kick u out. She was threatening by saying that adopted son and family should be beaten were his lawyer say its seems

P. Venu (Advocate) 21 May 2020

The above posting suggests deeper issues. Please post the complete facts.

Shashi Dhara 22 May 2020

You do one thing simply contest and drag the suit for as much as possible if dismissed appeal it. as per law only 5persons can challenge adoption.1)adoptive child.2)adoptive father3)adoptive mother.4)natural father 5)natural mother only.so your step mother cannot challenge your adoption.so with relevant available documents try to win case.

P. Venu (Advocate) 22 May 2020

However, a question that arises in the unique facts and circumstances of the case is - is not the so-called step mother is also the adoptive mother?

Shashi Dhara 22 May 2020

Your adoptive mother is dead it is main draw back to win case.after her death he had married and got children's from her which is another blow for you.now hethinks about his wife and natural child so he denies adoption who is main witness.

JAYANTH V 22 May 2020

Sir here the adoptive father married first wifes sister wen she was caring her big sister(adoptive mother )at that wat happened we dont know he married her sister only wen adoptive mother was alive sir..

JAYANTH V 22 May 2020

No sir i said all these all things happened now, so I'm asking any matter to get a right to my fathet

JAYANTH V 22 May 2020

But in the time of adoption none were aware of adoption deed because the people who gave as adoption and who aadoped where residing same house. As per hama, i saw that physical act of giving and taking of adoption done, but by the pressure of second wife the adopted father acts as she say, but in everything father name mentioned as adoptive father name only sir

JAYANTH V 22 May 2020

Yes i have read, so wat should we do now they wanted to vacate from this portion and we do not have any other place and they demanding money from us asking to pay all these day's electricity and water bill, which my both parents earnings will not full fill half of that, but they are enjoying the rents of same of other residents who rented in same building of monthly all over rent of 40k and asking us also to pay rent of 6k were we only residing 2 rooms in that we pulsed everything there we dont have any other option sir, we being abused by them of ttheir hypothetical attitude.. so wat should we do sir..