Legal Question in Family Law in India

my friend was orally adopt by mamaji.there is no written adoption deed.after the demise of mamaji,mamiji want togive her share in my freind's name but patwari of that village said first ofall bring the adoption deed.as per law mamiji cannot adopt my friend bcoz the difference of age is 12 years.can mamiji make their will in favour of my friend or anything else.In will mamiji also give reference of their adoption.As per ration card,voter card the name of father is written of mamaji i.e his adopted father. What they will do?

Asked on 8/02/11, 11:05 pm

6 Answers from Attorneys

Santosh Goswami,Advocate sure shot legal

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The easiest way is to give the property to the adopted son if the property was self acquired by Mamaji. Your Mami is free to gift the property.thanx

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Answered on 8/02/11, 11:19 pm

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Sanjay Kalra Sanjay Kalra & Associates

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Yes your mamji can will his property to any one especially your friend , if he wants to.

Answered on 8/03/11, 12:24 am

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RAJIV GUPTA (Cell: +91 9811284735) [email protected]

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there is a presumption of law in favour of the adopted son. however, the property issue may be solved by transferring properties in adopted son s name or by executing the will.

Answered on 8/03/11, 12:48 am

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KAMAL GROVER

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First of all your friend can file suit for declaration that he is adopted son.

But it will take time. So the simple way is even after death of your friends mama ji, her wife is the owner of his property, so she can make her will in favor of your friend.

Good luck

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Answered on 8/03/11, 4:14 am

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