Can i claim property if i am a adopted son without papers Can i claim property if i am a adopted son without papers

5 months ago

My uncle(Mother's brother) adopted us in the year of 1962 but this was not done on papers means (no registered adoption deed) ,(no adoption ceremony photos) and my mother was devdasi(unmarried). so, he allowed his name to be used as my father in school leaving certificate,markscard,aadhar card as well. Now he is no more and no Will was prepared by him. My question is how can I claim the property since there is no 1st class legal heirs of my uncle but cousins are trying to take the property.

Anik

Responded 5 months ago

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A.Dear client
Even if there is no registered adoption deed, other evidence such as school leaving certificates, mark sheets, and documents where your uncle allowed his name to be used as your father can be presented to establish the adoption. In the absence of a will, the inheritance laws of your jurisdiction will typically determine who the legal heirs are. The laws may recognize both blood relatives and adopted children as legal heirs, depending on the circumstances and local regulations. If your cousins are also claiming a share of the property, it becomes crucial to establish your legal status as an adopted child and potential legal heir
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 5 months ago

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A.Dear Client,
in the absence of a registered deed of adoption neither you will be considered as adopted son of your adopted father(Uncle) nor will be treated as legal heir of your deceased adopted father. However, on the basis of documents like school leaving certificate, marksheet, Aadhar card etc. that bears the name of your adopted father and the evidence of few witnesses,, you can file a suit for declaration before the Civil Court and based on the merit of your claim, Court may pass an order declaring you the adopted son of your deceased adopted father. Though it is a tough task but not impossible if you try your best to proof your claim. Reach out to an experienced Advocate for guidance and steps.
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Vidhi Samaadhaan Vidhi Samaadhaan

Kishan Dutt Kalaskar

Responded 5 months ago

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A.Dear Sir,
As a supporting evidence you may examine few persons that you were adopted by him. His conduct is also in your favour thus you may win the claim.
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Vidhi Samaadhaan Vidhi Samaadhaan

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