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Adoption

P V Rathnakar - Member Since: Dec 2008
Subject - Adoption
Thread Topic Post

A Hindu person with no siblings, adopts a male and a female children(From his own brothers).May be because of pressure from the family side of Male child, he dis Owens the adoption of female child(She has only proof of her school records, wherein the adopted father had given, his name as father along with his family name {to the female child}).Now he(Died in the year2003, AND HIS WIFE DIED LONG BEFORE HIS DEATH) had written a will,A portion of property on the name of his adopted male child and Major portion of property on the name of his Grand sons (ADOPTED SON'S SONS).Here the property so wiled is not self earned by him ,but got from his WIFE side(Through will/Through Marriage), IE. from his Mother in law side.Under these circumstances can,he transfer the property through will (PROPERTY IS NOT SELF EARNED).What are the options left to Female child ? Can she prove her Adoption in to the family, by virtue of School records?She is Married in the year 1978( State of Andra pradesh).Is Hindu succession Act 1956, And its Amendment 2005, can in any way helpful to HER? I Request Some learned Lawyer/s of the Forum to help in this matter PLEASE.
Kuljit Pal Singh Full Member - Member Since: Oct 2008
Subject - Re: Adoption
Dear Friend

If the property is joint family property then the deceased cannot bequeth the property, as u have said that the property was originally came from deceased's wife side, whether that was joint family property???? if yes, then certainly adopted female can exercise her right and Amendment Act can be used to upheld her rights.

Regards


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