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Nagesh (private empolyment)     31 January 2017

Disowning of children

Can a widow who is facing ill treatment and harassment from her legally adopted son, (now 28 years old) disown him on grounds of Violence and harassment ? What legal course of action she can take ?

She has lost her biological son and her husband. Her husband did not make any Will.



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 8 Replies


(Guest)
Originally posted by : Nagesh

Can a widow who is facing ill treatment and harassment from her legally adopted son, (now 28 years old) disown him on grounds of Violence and harassment ? What legal course of action she can take ?

She has lost her biological son and her husband. Her husband did not make any Will.

 

 

Can you identify yourself?

What is your relation to the woman in question.

Something drastic happened with the woman and she decided to adopt.

Kid grew up and she is facing issue with kids behaviour.

Why is the kid behaving like this?  What is the reason?

 

Few pointers,,

Adoption cant be undone.  She would have adopted when kid was small.  Now It is up to her to pass on any property by way of will to the kid, it will be her decisoin entirely.  She if is threatened etc she can file police complaint against the kid who is now grown up.

 

Tread carefully as relationships are involved.  If she did not want to share property or transfer property to kid, why did she even adopt the kid?  

It appears there is more to what meets the eye.

Nagesh (private empolyment)     31 January 2017

I am her younger brother.

Of course, she adopted him when he was 6 months old, as she did not conceive after several years into marrige. Later on she had a biological son.  But he died due to a terminal diesease. She lost her husband a year back.

The adopted son had behavioral problems since childhood and has become highly abusive, violent and started harassing her mentally and physically.  She owns a house which is a self-acquired property of her husband.

She is willing to share everything that he is eligible under law.  SHE IS A SENIOUR CITIZEN AND WANTS TO SPEND REST OF HER LIFE PEACEFULLY. She doesnot want him ti intervene in her life in future. SHE NEEDS FREEDOM AND WILLING TO JOIN ANY SENIOR CITIZEN HOME.

 

 

 


(Guest)
Originally posted by : Nagesh

I am her younger brother.

Of course, she adopted him when he was 6 months old, as she did not conceive after several years into marrige. Later on she had a biological son.  But he died due to a terminal diesease. She lost her husband a year back.

The adopted son had behavioral problems since childhood and has become highly abusive, violent and started harassing her mentally and physically.

She can proceed with police complaint.  Thats the first thing she can do.  Counselling seldom helps here, it will be simply doing rounds to police counselling center without much use.

Next is take permanent injunction regarding this by approaching court of Law.  Stating all facts.

 She owns a house which is a self-acquired property of her husband.

She is willing to share everything that he is eligible under law.  SHE IS A SENIOUR CITIZEN AND WANTS TO SPEND REST OF HER LIFE PEACEFULLY. She doesnot want him ti intervene in her life in future. SHE NEEDS FREEDOM AND WILLING TO JOIN ANY SENIOR CITIZEN HOME.

No need to join senior citizen home.  if she is unable to cook etc old age home will be an option.

Legally she is not entitled to take care of the grown up kid anymore as kid turned 18 long back.  Any parting of property ie the house which she lives in can be given to him after she passes away.  This can be done by way of will.

 

For the goondaism etc, talks might help for once, but as it has been going on for long and it appears that talks never helped.  SO final thing left to do is give police complaint, he spend couple of days in lockup, he should be proper by that time.

 

If she goes to old age home now itself she will have to wash her hands of the house now itself.  She can rent it out, and get rent out of it and then move to some old age home.  Provided someone is there to oversee the procedure of renting out the house.

 

Visit my profile page
 

 

 

 


(Guest)
Originally posted by : Nagesh

I am her younger brother.

Of course, she adopted him when he was 6 months old, as she did not conceive after several years into marrige. Later on she had a biological son.  But he died due to a terminal diesease. She lost her husband a year back.

The adopted son had behavioral problems since childhood and has become highly abusive, violent and started harassing her mentally and physically.

She can proceed with police complaint.  Thats the first thing she can do.  Counselling seldom helps here, it will be simply doing rounds to police counselling center without much use.

Next is take permanent injunction regarding this by approaching court of Law.  Stating all facts.

 She owns a house which is a self-acquired property of her husband.

She is willing to share everything that he is eligible under law.  SHE IS A SENIOUR CITIZEN AND WANTS TO SPEND REST OF HER LIFE PEACEFULLY. She doesnot want him ti intervene in her life in future. SHE NEEDS FREEDOM AND WILLING TO JOIN ANY SENIOR CITIZEN HOME.

No need to join senior citizen home.  if she is unable to cook etc old age home will be an option.

Legally she is not entitled to take care of the grown up kid anymore as kid turned 18 long back.  Any parting of property ie the house which she lives in can be given to him after she passes away.  This can be done by way of will.

 

For the goondaism etc, talks might help for once, but as it has been going on for long and it appears that talks never helped.  SO final thing left to do is give police complaint, he spend couple of days in lockup, he should be proper by that time.

 

If she goes to old age home now itself she will have to wash her hands of the house now itself.  She can rent it out, and get rent out of it and then move to some old age home.  Provided someone is there to oversee the procedure of renting out the house.

 

Visit my profile page
 

 

 

 


(Guest)
Originally posted by : Nagesh

I am her younger brother.

Of course, she adopted him when he was 6 months old, as she did not conceive after several years into marrige. Later on she had a biological son.  But he died due to a terminal diesease. She lost her husband a year back.

The adopted son had behavioral problems since childhood and has become highly abusive, violent and started harassing her mentally and physically.

She can proceed with police complaint.  Thats the first thing she can do.  Counselling seldom helps here, it will be simply doing rounds to police counselling center without much use.

Next is take permanent injunction regarding this by approaching court of Law.  Stating all facts.

 She owns a house which is a self-acquired property of her husband.

She is willing to share everything that he is eligible under law.  SHE IS A SENIOUR CITIZEN AND WANTS TO SPEND REST OF HER LIFE PEACEFULLY. She doesnot want him ti intervene in her life in future. SHE NEEDS FREEDOM AND WILLING TO JOIN ANY SENIOR CITIZEN HOME.

No need to join senior citizen home.  if she is unable to cook etc old age home will be an option.

Legally she is not entitled to take care of the grown up kid anymore as kid turned 18 long back.  Any parting of property ie the house which she lives in can be given to him after she passes away.  This can be done by way of will.

 

For the goondaism etc, talks might help for once, but as it has been going on for long and it appears that talks never helped.  SO final thing left to do is give police complaint, he spend couple of days in lockup, he should be proper by that time.

 

If she goes to old age home now itself she will have to wash her hands of the house now itself.  She can rent it out, and get rent out of it and then move to some old age home.  Provided someone is there to oversee the procedure of renting out the house.

 

Visit my profile page

https://www.lawyersclubindia.com/profile.asp?member_id=84464 

 
 

 

Nagesh (private empolyment)     31 January 2017

Thanks a lot sir. 

Kumar Doab (FIN)     31 January 2017

From your name it is guessed that you are all Hindu.

Confirm.

The self acquired estate/property of deceased Hindu male devolves equally upon: Mother, wife, sosn,daughters…………………

After valid adoption the relationship is same as that of with natural/biological parents.


She can dispose her share and her estate/property, by a valid deed in herr life time in favor of anyone.


She must lodge complaints with police and senior citizens helpline under proper acknowledgment.

It may correct the unruly and rowdy behavior.


 

Kumar Doab (FIN)     31 January 2017

Rest are facts and details of your matter that you may relate.



Hindu Adoption and Maintenance Act 1956



Section 10: The child must be less than 15 yrs of age. However, if a custom to the contrary exists, such an adoption may take place.



Section 12 : an adopted child is deemed to be a natural child of his adopted parents for all purposes. All relations with the natural parents and family are severed and new relationships with the adopted parents are established. …………………………………the adopted child is not divested of his property that has vested in him before adoption and that an adopted child cannot divest anybody of his vested property after adoption.



Section 13 : that subject to any ante-adoption agreement, the adoptive parents do not lose their right of alienation of their property after adoption.



Section 15: a valid adoption cannot be canceled either by the adoptive father or mother. Neither can the adopted child renounce the adoptive parents and go back to the family of his birth.

 

 

 

 


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