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Adoption

Adoption - adoptive father gives an affidavit

If an adoptive father gives an affidavit that an adopted girl can not claim property. Can it disallow adopted girl, moreover there is no court order for adoption except marks sheet and aadhaar in adoptive father's name.

( Bandipore, Jammu and Kashmir )

7 months ago

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A.
Dear Sir,
No person on this earth, the adopted girl from inheriting the property of her legal adoptive father. She can fight for her right.
Kishan Dutt Kalaskar Advocate Kishan Dutt Kalaskar
Kishan Dutt Kalaskar
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A.
Dear Client,
Adoptions in India are governed by two laws: 1) the Hindu Adoption and Maintenance Act, 1956 (HAMA), and 2) the Juvenile Justice Act, 2015. However, for a valid adoption, the ceremony of give and take is equally important and must be proven to have occurred in the presence of witnesses. Even if there is no registered document or deed of adoption to show that adoption has taken place but there are witnesses to prove that the adoption ceremony took place then it's a valid adoption. If such a ceremony for adoption was held in your case, then such adoption is valid adoption which is supported by school records and an Aadhaar card showing the name of the adoptive father. However, if that property of the adoptive father is his self-acquired property, the owner can dispose of his property to anybody as per his wish and nobody can claim its share as a matter of right unless the owner passes away intestate, i.e, without any will.
S. K. Dutta Advocate S. K. Dutta
S. K. Dutta
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