Rights of adopted child

Several aspects need to be considered.Better consult lawyer

This is a complicated issue.  First collect all evidence that states you were given in adoption such as educational certificates, ration card, AADHAR etc.  It also depends on your biological parent's financial competence for such self-acquired property and have good earning, they need not give their son for adoption to others,.  The facts are not sufficient as to why your adopted parents made the property in the name of your father and mother.  Contact a local advocate.  If your adopted parents have given their self acquired property to your biological parents during their lifetime willingly you can not claim any right.  Your advocate can only guide you in the matter as to whether you have to claim your rights as an adopted son or as the biological son of integrated property in absence of adoption proofs.

Your claim depends on the source for the purchase of the property.  If you claim that you are not adopted and if your parents died intestate then your advocate may suggest not to claim as adopted and claim as a biological son for the intestate property..  There must be something wrong with you if the property is not given to you.

The facts posted are incomplete.

Who are not alive - biological or adoptive parents or all of them?

Who is denying you the share - your biological sister or your cousin (i.e., the daughter of your parents)?

And, which is the property involved, your parents' or adoptive parents'?

Anyhow, it cannot be the case that you can be the legal heir to both the properties.

According to Hindu Adoptions and Maintenance Act, 1956, after adoption, the adopted son/daughter lose all the rights of a son/daughter in their biological family, including the right to claim any share in the estate of the biological father or relations, or any stake in the coparcenary property.

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@Mr.Omprakash.  If the member wishes to claim right on his biological parent's property, what is the need to raise the issue of adoption, and whose burden is to prove that adoption?   If the adopted son's Aadhar, qualification certificate etc., show him with evidence of such nearest relatives that are aware of such adoption, is it not a presumption for adoption.  If the problem is simple, definitely members should have not posted it on this forum.

Mr. GLN Prasad has been making very very useful contribution to this Forum. Like everyone else, he is prone to errors. But this is more than made up by his humility and willingness to learn. It is equally heartening that he has never been judgmental of the querist or of any of the participants.

Since adoptive parents did not complete formalities as required under the provisions of Hindu Adoption and Maintenance Act, 1956 you can not claim their property and their daughter is sole owner of the property inherited, if they have died intestate.

However, you have a claim in the property of your biological parents.

As far as I could ascertain, non-execution of the deed of adoption need not render the adoption invalid. In this context, the provisions of Section 16 repays study:

16. Presumption as to registered documents relating to adoption - Whenever any document registered under any law for the time being in force is produced before any court purporting to record an adoption made and is signed by the person giving and the person taking the child in adoption, the court shall presume that the adoption has been made in compliance with the provisions of this Act unless and until it is disproved. 

In fact, the provisions of Section 6 does not mandate execution of adoption deed to be mandatory:

6. Requisites of a valid adoption- No adoption shall be valid unless-

(i) the person adopting has the capacity, and also the right, to take in adoption;

(ii) the person giving in adoption has the capacity to do so; (iii) the person adopted is capable of being taken in adoption; and

(iv) the adoption is made in compliance with the other conditions mentioned in this Chapter. 

Thus, obviously, adoption is a question of fact, and not that of a document. The querist having brought up as the child as the adopted parents, it is too late for the sister to deny the factum of adoption unless, of course, she has any of the adoptive or biologiocal parents parents to support her assertion.

Therefore, there is nothing that prevents the querist to file a suit for partioto. Of course, the querist should be honest in his approach. However, the disjointed and unclear facts posted and his subsequent reluctance to furnish the clarification sought, suggest that he is vying for share in the properties of biologiocal as well as adoptive parents. This is an impossible mission in view of the unambiguous provisions of Section 12.

12. Effect of adoptions- An adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of the adoption and from such date all the ties of the child in the family of his or her birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family.

Provided that- (a) the child cannot marry any person whom he or she could not have married if he or she had continued in the family of his or her birth;

(b) any property which vested in the adopted child before the adoption shall continue to vest in such person subject to the obligations, if any, attaching to the ownership of such property, including the obligation to maintain relatives in the family of his or her birth;

(c) the adopted child shall not divest any person of any estate which vested in him or her before the adoption.