Thursday, June 30, 2016

Adopted son

Query No. 1: An adopted son of a person used the initial of his natural father while selling the property of adopted father. Is there any legal impediment? No Gazette publication. However a registered adoption deed was there. That too is like a record of past adoption.

Answer: 

According to Sections 6, 10 and 11 of the Hindu Adoptions and Maintenance Act, 1956 which stipulates certain pre-conditions for having a valid adoption which includes that: (a) the child to be taken on adoption should not completed the age of 15 years; (b) the persons who give and takes adoption should be in sound mind and the capacity to do so; and (c) the person who takes an adoption should be above 21 years elder than the adopted son. But however, performance of datta homam shall not be essential for a valid adoption and it’s only an optional procedures. 

Using natural father initial by an adopted son will no way wrong or harmful. Because already an adoption deed is there and in that document the natural father and adopted father names are clearly mentioned. Even in some families the married woman still using her father’s name as her initial but at the same time she simultaneously mentioning her husband name and her father name clearly in the same documents where she is signing. 

Suppose the adopted son is going to change his name then only a Gazette publication alongwith any local newspaper publication are required in addition to that getting an “Identity Certificate” from the Hon’ble Principal District Munsif Court for a declaration that previous name and the changed name are all refers to one and the same person namely the adopted son.

Query No. 2: How the adopted son got the property from his adoptive father? Once registered adoption deed is done then why he used the initial of natural father?

Answer: 

In view of Section 12 of the Hindu Adoptions and Maintenance Act, 1956 which specifically mandates that, “an adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of the adoption”

So as soon as a valid adoption came into effect, then from that moment onwards, section 12 of the Hindu Adoptions and Maintenance Act, 1956 specifically insists that the “adopted son or adopted daughter” shall become the adopted child of his adoptive father or mother “for all purposes” which means he become an equal rights-holder for all purposes with his adoptive father as such he is entitled for property rights with his adoptive father. 

Another related query namely, “once registered adoption deed is done then why he used the initial of natural father” is concerned kindly refer the answer given in the above Query No.1 which is suitably applicable for this query.

Refer related Act at: http://tcw.nic.in

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