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Author Topic: Adopted son with no real paper work  (Read 1855 times)

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Offline chidu

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Adopted son with no real paper work
« on: June 29, 2015, 10:09:06 PM »
Hi All,

I have been adopted by the elder sister of my biological Father, Although I have been brought up by aunt like her own kid, since I was less than a year old. They haven't completed any formalities that could prove that am their adopted son.

But I have my adopted parents name on all the marks cards(SSLC, 2nd PUC,  Engineering) as well as on the birth certificate as my parents.
After completing my education, Birth certificate was newly registered based on SSLC marks card, as I never had one before.

Unfortunately, both of my adopted parents passed away very recently. So I guess I can't complete any of the formalities on my own. Though am the only boy kid for both the families, I have no idea, if am the legal heir of neither of the families.

The question is, am I the legal heir of my adopted parents or that of my biological parents?
As I have nothing else to prove that either of them are my parents. It seems to be like I am on no man's land. I have heard that both families are dealing with property settlement without even informing me. And for the worse, after my adopted father died, they have already sold a bit of land among themselves without even informing me or my adopted mother(as she happens to be the second wife of my adopted father, as he remarried once his first wife passed away).

Please advice if I'd get my share as a legal son of my adopted parents. In fact, even if I don't stand a chance, I would retain my adopted parents as my real parents all my life, as they are the ones who have gifted me the life that am leading.


Offline advlaxmanadvani

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Re: Adopted son
« Reply #1 on: June 30, 2015, 01:03:17 AM »
you are the legal heir of your adopted parents, hence you have legal right over their movable and immovable property provided that they have not left a WILL which states other wise
Advocate laxman Advani
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Offline chidu

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Re: Adopted son with no real paper work
« Reply #2 on: July 01, 2015, 12:11:22 PM »
Hi Sir,

Thank you for the response.

Well, there is no will. How do I prove that am the legal heir? Having their names on the Birth certificate (that was created around 3-4 years ago) and marks card. Is this really enough? Isn't Deed of Adoption not necessary (I understand I do not have one nor I can get one)?

I have come up with few more queries, please do help on the following as well

My adoptive mother's ancestor property is yet to be divided, so do I have a legal right to claim her share?

As my adoptive father's property is already been sold out without informing me or my adoptive mother. Do I really have a case to get my share along with that of my mother? As she was alive when it was sold.
As per my knowledge goes, it was claimed by some third party after my father's death. So my cousins made a case against that guy and took bulk of cash as compensation to share it among themselves. So If am a legal heir I should have got my share along with my mother's share back then. Is it not? If I have a case here, will I get my share along with that of my mother's

« Last Edit: July 01, 2015, 12:17:13 PM by chidu »

Offline kphk

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Re: Adopted son with no real paper work
« Reply #3 on: July 02, 2015, 09:30:39 AM »
Under Hindu Adoption Act there is no prescribed way of making adoption, mere proof of intention to giev and take adoption and the subsequent conduct is enough to prove adoption. You have been validly adopted into the family and you have rights over that property. This being so, you have no rights over property of the family in which you were born. You can cliam right over your adoptive mother's ancestral property.


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