Legal Question in Civil Rights Law in India

Respected Sir, my mother when she was a spinster in 1972 had adopted her friends son aged 8 years who was a minor then through adoption deed, then acquired a property (site) through her savings as she was employed mentioning her adopted son name as well as her name in the sale deed, adopted son never leaved with my mother continued to leave with his natural parents.Later she got married and had me as her son.1976 my mother got plans sanctioned through competent authority constructed house on the said site through her savings/income now in 2013 adopted son has filed a partition suit in the court claiming 50% right on the constructed house kindly guide and advice us in this regard.


Asked on 6/30/14, 10:50 pm

1 Answer from Attorneys
Sunil Goel S.G. SOLICITORS

You will have to challenge the validity and legality of adoption deed. Refer to provisions of Hindu Adoptions and Maintenance Act 1956. For valid adoption,

(1) the person adopting (your mother) and person adopted should be Hindu. If not, then adoption is invalid.

(2) the person adopting (your mother) should be of sound mind at the time of adoption. If not, then adoption is invalid.

(3) A child can be given in adoption only by the father (with consent of mother)if he is alive.

(4) the female (your mother) should be at least 21 years older than the child being adopted, at the time of adoption.

(5) the child to be adopted must ACTUALLY be given and taken in adoption with intent to transfer the child from family of borth to family of his adoption.

You have a good case.

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Answered on 7/01/14, 5:34 am


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