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Uncle adopted me when i was born but denied rights in property


27-Mar-2023 (In Family Law)
My chacha has adopted me when I was born I am the only child in their family now after 40 year of my age, my father(chacha) refused my right from his property.. In this case how I can get my rights
Answers (5)

Answer #1
994 votes
Hello,
For the query you posted, I would advice the following:

For the facts provided, you can claim a right on the property in accordance with the adoption and maintenance act as provided by the statute as well there is a catena of judgments on the same question of facts which is in your favour.

I hope with the facts provided, this answers your query.

Best
M.Faris
Advocate

Answer #2
506 votes
hello
facts are not clear you have not mentioned that uncles property is acquired by himself or property belongs to ancestral??
as you said that you are the only child at the time of adoption. as per hindu maintainance and adoption 1956 act section 13. Right of adoptive parents to dispose of their properties- Subject to any agreement to the contrary, an adoption does not deprive the adoptive father or mother of the power to dispose of his or her property by transfer inter vivos or by will
Answer #3
911 votes
Adopted children have the same rights as natural children and the same claims on ... property will apply to that child just as they would apply to natural children. You can file the case before the court.
Answer #4
681 votes
Hi, You have any paper of adoption with you. if you have , you can go to the court for your right, and if you not have the adoption deed, you need to prove thru witness etc,..

The question is to prove yourself i court and provide the proof of your adoption by any paper or witnesses. Hope you got your answer
Answer #5
853 votes
Adopted Children and biological children has same rights in the Parent's Property.
Parents can deny property to negligent children order by supreme court of India 2017.
Adopted children has also no rights in the biological parents property.

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 Divorce Lawyers at lawrato.com to address the specific facts and details.

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