There is no giving and taking ceremony performed , no deed of adoption executed
2) it is difficult to prove adoption
3) your mother would not have nay share in her adoptive mother property
4) property would devolve on her legal heirs
Property inheritance
Respected Lawyers, My mother was adopted in 1970 by her late grandfather's-brother's-wife (grand mother), who passed away recently. She does not have any kids, she also adopted her brother's son who passed away (has a wife and one child). When my mother was adopted, there was no ceremony, registration or any kind of legal documentation (but the whole village can acknowledge that she was adopted). My mother's adopted mother owns some movable and immovable properties and left no will. Recently my mother's late grandfather's family is claiming all the properties. 1. We wanted to know our legal rights on that property. 2. Since we do not have any legal documentation to prove her adoption, what are our chances in a legal battle? 2. Should we get any legal documentation from MRO/Tehsildar by doing panchanama in the village? Thank you.
Asked 4 years ago in Property Law
Religion: Hindu
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6 Answers
Apart from adoption deed there must be some record say birth certificate showing mother's name of her step mother, ration card in which name of your mother would be in the family of your grand father, any other social function invitation card where she is named as daughter, PAN Card, Voters ID card any document that discloses your step grand mother's name as mother of your mother shall help.
You can apply for succession certificate so that you get to establish your mother's case and right in the properties behold by your grandmother and secure your mother's share therein.
In the absence to prove that your mother was an adopted daughter of her adoptive mother, she cannot prove the relationship.
If your mother cannot able to prove the relationship namely the adopted daughter then her legal battle to claim a share out of the property left behind by her adoptive mother may or may not succeed, demanding on how strongly you produce the substantial documents and present your arguments in your favor.
If you are able to procure a panchanama from the village elders to establish the legal fact of her adoption, she can file the suit for partition claiming her legitimate share in the property on the basis of the said valid document.
It again depends on the skill of a prudent and talented advocate o succeed in the case.
Dear Sir/Madam,
You are suggested to find out any of the documents of your mother which reflects as child/daughter of the adoptive family. Then you may challenge all the rights on behalf of her.
1. You can contest their claim they are not class one heirs.
2. Proving through evidence in court
3. Yes you can
An adoption without valid paper work i.e an adoption which is not admissible under the Hindu Adoptions and Maintenance Act, 1956. But in the absence of any documentary evidence to prove that your had been adopted by your Grand father brother the burden of proof lies on you and through oral and other circumstantial evidences you can prove your case.
