Legal Question in Family Law in India

My uncle adopted me in 2004,now my age is 31. adoption deed was notarised then & not registered. he is expired in july 2010,now my aunt is there with me & my birth parents are also there. my uncle had some property in my native (maharashtra) & now i want that property to be transfered jointly on my & aunts name.But court is not approving adoption deed as it was just notarised & not registered. please let me know way out in this.


Asked on 6/20/11, 9:23 pm

3 Answers from Attorneys

shiv shakner saini saini law

don't worry it is possible.you can do as you wish to do so. contact me. for advicse and to get way for the same. bt it is paid advice

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Answered on 6/20/11, 9:55 pm
Sanjay Kalra Sanjay Kalra & Associates

Your Adoption is Void . Your aunt can gift or will or make you 50% partner in the property.

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Answered on 6/20/11, 10:55 pm
Vishwa Arya Arya & Co.

Oops! I am sorry for being not in agreement with Mr. saini. In my opinion, to begin with, the adoption itself is in valid. In India, the maximum age of the adopted child is 12 years. So, if now in 2011, as stated above, you are 31 years then in 2004 when you were adopted you were 24 years, much more the age when you could be adopted. Under special circumstance, the upper age limit could be relaxed but only marginally and not by double as is your case. Given that, under your facts, whether adoption deed is notarised or registered, the adoption itself is void. On the other hand, since your matter is sub-judice before the court and the court is merely on the question of registration and notarisation, you may suggest your advocate to argue that for adoption, no deed is even required under the Hindu Adoption and Main. Act. When deed itself is not required where is the scope of considering notarisation or registration.

Vishwa 9810129750

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Answered on 6/20/11, 11:52 pm


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