Procedure for child custody after fathers death?


My brother-in-law died in a train accident on 23 April 2014, and my sister left that house after a week with a 2 year old kid and no property at all. She got remarried on 25 May 2015 and staying happily.Suddenly my ex-brother-in-law's family want us to make a adoption deed confirming that, this child is going to stay with the new family and you need to take our consent, otherwise they will take some legal action. I am not sure but this is all to acquire the property of my ex brother-in-law by their brothers situation. Could you please advice me if we can take some action and also what is the best possible way in which my nephew can get his rights. Please let me know what are the legal complications this situation can have.

Answers (3)


318 votes

Mother z d first & foremost legal natural guardian of a child than father even. Who r they to ask u such stupid questions.Tell them to go to court..by showing adoption d child ll loose legal rights over his fathers property. Ur bro-in law has some property where d child can claim.so they r afraid of. Don't give any such consent. If they force u then tell them to talk to me as I m ur lawyer


Googling your legal issue online?

The internet is not a lawyer and neither are you.
Talk to a real lawyer about your legal issue.

123 votes

dear sr
your nephw is now mnior so his total legal guardian is his mother means your sister as abmother has complity rites on his child adoption deed can not make without his mothers consent so you plz contact one good lawyer through lawrato

Popular Child Custody Lawyers


Advocate Sunil Kumar Bakshi
Sector-16, Faridabad
34 years Experience
Advocate J. P. Rinwa
Swej Farm, Sodala, Jaipur
20 years Experience
Advocate Bala Janaki
330 Thambuchetty Street, Chennai
36 years Experience
Advocate Barkha Bhalla
Banjara Hills, Hyderabad
18 years Experience
267 votes

Now the child is staying in his uncle's house ? In his birth certificate what is his father's name? To protect his property right do not execute any deed without consulting with an advocate. If possible file suit for partition or contact with me for discussion

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at LawRato.com and has been responded by one of the Child Custody Lawyers at LawRato.com to address the specific facts and details. You may post your specific query based on your facts and details to get a response from one of the Lawyers at LawRato.com or contact a Lawyer of your choice to address your query in detail.

Related Questions


"LawRato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."



Related Articles