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Q. Adoption without proper legal procedure

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Anonymous

posted 5 months ago

question iconAdoption without proper legal procedure

Sir,
Can a child, who was adopted without proper legal procedures, claim property of his adoptive parents after their death.
But, in aadhar card, school record & horoscope of the child, the adoptive parents mentioned their names as father and mother. Also, the adoptive father mentioned the name of the adopted child as nominee in his LIC document.
Please help me Sir.

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Ayantika Mondal @ Prime Legal

Ayantika Mondal @ Prime Legal

Responded 5 months ago

A.Hello
As per the law the child must be adopted in front of some witness for a valid adoption. if there are witnesses who says you guys adopted the child then it would be considered as a valid adoption and it doesn't matter if he was adopted without proper legal procedure. Therefore the adopted child could claim property of his adoptive parents.
Thanks.

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Anik

Anik

Responded 5 months ago

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A.hi.
Yes Sir, the child adopted can claim property of his adoptive parents after their death. Although the legal procedures were not followed still he could claim property. for a valid adoption there must be give and take of adopted child in front of some witness. therefore if there were witness then your adopted child can claim property.
Thanks.

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Pardeep Kumar Dhiman  Dhiman

Pardeep Kumar Dhiman Dhiman

Responded 5 months ago

A.Vaise to Hindu Adoption and maintenance act Adoption ka ek procedure diya gya hai. Jiske anusar kuch formality aap ko karni hoti hai. Jaise ki adge.realation ship. Dattak home. Adoption ka registration etc. Tabhi Adoption complete hota hai.
Aap ki problem me yah hai ki registration nhi karya hai. Jabki adopted child ke guardians kerup me us aadmi ka naam hai jisne uska Adoption kiya hai.
Ab sawal yah paida hota hai ki kya yah kanoon ki najar me Adoption hai ya nhi.
A
Kanoon ki mansha hai ki Adoption ka legal system ke anusar Adoption hona chahiye. But presumption yaha hai ki adopted child ko kanoon ki najar me adopted son mana jae. Aap ko 2 witnesses dene honge.
Yadi is Adoption ko koi challenge nhi karta hai tab Adoption son property ko paane ka adhikari hai.
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Abhimanyu  Shandilya

Abhimanyu Shandilya

Responded 5 months ago

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A.For a valid adoption the ceremony of give and take is very important and must be proven to have occurred in presence of witnesses. Even if there is no registered document to show that adoption has taken place but there are witnesses to tell that adoption ceremony took place then its a valid adoption.
In your case if it so then it will be considered a valid adoption also as it shows that the adoptive father showed him to be the adopted son everywhere by mentioning his name so that is good enough.

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NAOREM PRISTA Devi

NAOREM PRISTA Devi

Responded 5 months ago

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A.Yes the child can claim property of his adoptive parents after their death.those documents are vital to proof your legal adoption...
Questions?
1.Is it a Hindu Family?
2.Are you the only child (son)
3.Are You a major(18 years)?
Things to be aware and careful at the time of claiming property.
1.Any other child apart from you./siblings
2. Any WILL in the name of any person.


Read a blog on Adoption laws on India

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