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What is a better way of transferring property gift deed or will


14-Feb-2023 (In Property Law)
Hi, I have few questions regarding the transfer of property. (I am a Hidhu). My father wants to gift deed a property to me which was self earned by him. The main thing is I am an ADOPTED child and I am the only child to them. However, there was no proper adoption ceremony followed for adoption nor we have any adoption papers. I was given to my parents in some hospital but I have proper birth certificate from the hospital. Can I know what are my legal rights towards the property when I'm not a blood heir? If the property is transferred through gift deed or will deed to me will there be any legal difficulties from other family members like my father's brothers? In the above mentioned query which one is the better option, Will or Gift registration? Please help me out with this. It would be of great help. Thanks in advance.
Answers (1)

Answer #1
753 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.
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.

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