Legal Question in Family Law in India

A lady married in year 1944 and her husband expired in year 1945 without having child and she became a widow. There after she adopted an 8 years old son of her real sister in year 1951 by registered adoption deed. In year 1952, legal suit was filed by her against father in law for possession in the property of deceased husband. In year 1953, compromise was done in court and only 4 acres of girayat land possession was given to her without any share in house & other irrigated land. In mute and transfer of land record dtd 05/05/1953, the land was first transferred in the name of widow and then transferred to the adopted son as a guardian of adopting mother.

In year 1954-1955, she remarried another person (who was also widower) of same locality, went with her 2�nd husband and neglected her adopted son. Then real father of adopted son brought back his son and became guardian of his minor son with mute on dtd 18/04/1956.

Hence adopted son was educated with his by birth name and in his service also retired with his by birth name. He married in year 1969 with his by birth name. Therefore his name was not changed by his adopted mother or real father as guardian. Real father of adopted son expired in year 1974. In year 1980, adopted son made an application to Tehsildar and changed his adopted name to by birth name, as the adopted mother was living joyfully with her husband & children. Since then his by birth name is on record of the said land (property).

In year 1994, second husband of adopted mother expired and left adopted mother as a widow with 3 sons & 2 daughters. She has a house and irrigated land from her 2�nd deceased husband.

Adopted son is not having any other land (than above said 4 acres) and in registered adoption, no details of property was mentioned. This land was developed by adopted son. In year 2004-2005, adopted son with his real name and his two sons made a mutual partition.

Now in year 2009, adopted mother who is widow of other person has filed a suit against her adopted son. She challenged adoption deed citing the reason of breach of condition for not using the adopted name and of her 1�st deceased husband and demanded 50 % share in the above property (4 acres land) in the name of her 1�st deceased husband.

QUESTION:

1) In this case whether she is legally liable to use the name of 1�st deceased husband, who died without child in year 1945 and she remarried another person in year 1954-1955 from whom she is having 3 sons & 2 daughters, who (2�nd husband) also died in year 1994?

2) Whether she is now legally right in demanding 50% share of the land inherited from 1�st deceased husband, although she has joyfully lived with her 2�nd husband & is having 3 sons from 2�nd husband?

3) Whether she can now legally object for the non-continuation of the adopted name/ adoption condition by adopted son?

4) Whether she can forcefully take the possession of the said land with the help of her sons & other relatives?

1 Answer from Attorneys

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