Adoption son Adoption son

9 months ago

MY FATHER HAS GIVEN HIS EIDER SON TO HIS OWN BROTHER IN 1960 AS ADOPTED SON .BUT THIS WAS NOT MADE PAPERS .MY FATHER WAS EXPIRED
MY MOTHER WAS ALIVE .RECENTLY HE MADE A SUIT ON MY PROPERTY .WHETHER HE HAS RIGHTS OR NOT?

Anik

Responded 9 months ago

View All Answers
A.Dear client,
One of the main ingredients of a successful adoption is to legalise it on paper. However, as this is not done, he still has a claim over your property.
The Apex Court ruled in Ram Das v. Gandiabai, which was a property dispute case, that merely because the stepfather paid the stepson’s expenditures did not establish adoption. As a result, the son continue as a part of his father’s family and was entitled to inherit from it.

An adopted child acquires all of the rights and benefits of a biological child through the legal process of adoption and not before that
Helpful
Helpful
Share

Post Your Matter Post Your Matter

Talk to a Lawyer Talk to a Lawyer

Ask a question Ask a question

Vidhi Samaadhaan Vidhi Samaadhaan

Read Related Answers

question iconI am a divorcee with a 15 yr old son
Dear Client, you have to go through the process of CARA and firstly register the child with the same. later follow all procedure as per sec 52 of the act and the person wanting to adopt must provide...
question iconAdoption Case
Dear Client, Without the consent of the biological father of the daughter from the first marriage even if it is dissolved by a decree of divorce, you cannot adopt the daughter of your wife who takes...
question iconMyself and wife want to adopt child from srilanka from my cousin sister
Dear Client, As per the Central Adoption Resource Authority(CARA) under the Ministry of Women and Child Development, Govt. of India, in the matter of adoption procedure for intercountry relative adopt...
question iconLegal name change
Dear Client, Being the sole natural guardian after the demise of her husband, the widow is entitled to change the surname of her child and can give him the surname of her second husband if she marries...
question iconAdoption as Guardian
Dear Client, The Hindu Adoption and Maintenance Act 1956 is the only personal law in India that deals with adoption. Adoption is a legal way for people who are not related by blood to establish a pare...