Can I claim property if I am a adopted son without papers

918 votes

An adoption without valid paper work i.e an adoption which is not admissible under the Hindu Adoptions and Maintenance Act, 1956. But in the absence of any documentary evidence to prove that you have been adopted by your uncle the burden of proof lies on you and through oral and other circumstantial evidences you can prove your case i.e you are really adopted by your uncle on such and such period.

In the famous case titled Addagada Raghavamma And Anr vs Addagada Chenchamma And Anr
Equivalent citations: 1964 AIR 136, 1964 SCR (2) 933 the court held that "It is well settled that a person who seeks to displace the natural succession to property by alleging an adoption must discharge the burden that lies upon him by proof of the factum of adoption and its validity. Their Lordships went on and said that 'ordinarily' an only son is neither given nor taken in adoption."

"An adoption would divert the normal and natural course of succession. Therefore the court has to be extremely alert and vigilant to guard against being enshared by schemers who indulge in unscrupulous practices out of their lust for property. If there are any suspicious circumstances, just as the propounder of the will is obliged to dispel the cloud of suspicion, the burden is on one who claims to have been adopted to dispel the same beyond reasonable doubt. In the case of an adoption which is claimed on the basis of oral evidence and is not supported by a registered document or any other evidence of a clinching nature, if there exists suspicious circumstances, the same must be explained to the satisfaction of the conscience of the court by the party contending that there was such an adoption."

Hence if you can prove your adoption through strong oral evidences and other circumstantial evidences then you will have an absolute say in your uncle's property otherwise you will be one among the other Legal Heirs who would have their share accordingly.

Advocate S. Sethu Mahendran LawRato

723 votes

In Hindu law custom provides and if it is proved that he allowed his name to be used as your father i.e the official documents etc. then you will declared as the legally adopted. In the circumstances you will be entitled to claim the property of your uncle.

Advocate Rajesh Rai LawRato

984 votes

Depends if the were born prior to 1956, no adoption deed was required and hence we you can accordingly claim to be the 1st class legal heir. Otherwise, the father, cuisines as per Schedule 2 are entitled to succeed in the property. However there are other legal ways to get the cousins to settle or part with a portion of the property. Kindly contact for details.

Advocate Vanshdeep Dalmia LawRato

942 votes

IF you are in the possession of the property then file a case for declaration on the basis of document you have . I hope in your paper and documents you have wrote his name in the coloum of father's name.
This will be vital proof for you.
Thanks and regards

Advocate Anand Verdhan Maitreya LawRato

520 votes

Hi, I have gone through your problem. I think we can discuss this further and find out viable legal options. As an adopted son, you are entitled to your adoptive parents property. There are latest supreme court judgments which are particularly in favor of rights of adoptive children. You can contact me for further discussion.

Advocate Tushar Vadavadagi LawRato

735 votes

okay I understood your questioned your adopted father and mother name mentioned your study marxce card right so you are rhe son of your adopted father you only legal son you have right to took property share in your father name if any property isin your father name you will file a case at court it is better for you thank you

Advocate Bhagya C H LawRato

681 votes

Dear Sir,
Registered Adoption Deed is not required to prove adoption. Conduct of your uncle is sufficient to prove that he has adopted you. The school records and other records speaks volumes about your adoption. You can file a suit restraining your adopted father from alienating his properties, if he done so then you will be on street. You are not entitled for a share in the properties of your biological father.

Advocate Kishan Dutt Kalaskar LawRato

380 votes

Adopted children have the same inheritance right as biological children and can claim a share of their adoptive parents property. If the adoptive parents die intestate, then the adopted child has the same inheritance rights as the biological children.

Advocate Chikirsha Mohanty LawRato