If you are stuck in such a situation, here is what to do.

In 1998, Mr. Alok Sharma sold a residential plot in Nagpur to Mr. Vikram Singh. For many years, the property remained in Mr. Singh’s name. In 2023, Mr. Singh executed a gift deed, transferring the ownership of the plot to his wife, Mrs. Priya Singh, making her the absolute owner. The couple does not have any biological children but has been raising a 6-year-old boy whom they brought into their home through an informal arrangement with a distant relative. There is no registered adoption deed or any court order formalizing this adoption. A potential buyer for the plot is now concerned whether this child, being raised by the Singhs, could claim an inheritance right to the property in the future, potentially causing legal disputes after the sale.

Advice in such cases

The legal standing of the child is the central issue in this scenario. Under Indian law, inheritance rights for an adopted child are contingent upon a legally valid adoption.

• For an adoption to be legally recognized among Hindus, it must comply with the Hindu Adoptions and Maintenance Act, 1956. An informal or “unofficial” adoption, even if done with good intentions, holds no legal validity.
• A valid adoption severs the child’s ties with the biological family and establishes them in the adoptive family with the same rights as a natural-born child, including inheritance.
• Without a registered adoption deed or a court decree, the child is not considered a legal heir to Mr. and Mrs. Singh. Therefore, the child has no automatic legal right to claim a share in their property.
• Since Mrs. Priya Singh is the absolute owner of the property through a valid gift deed, she has the full right to sell, transfer, or dispose of it as she wishes. The child’s presence does not create any legal encumbrance on the property.
• The only way the child could inherit this property is if Mrs. Singh willingly bequeaths it to him through a registered Will.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

Applicable Sections of Law

This case is governed by civil laws related to property, succession, and family matters.

• Hindu Adoptions and Maintenance Act, 1956 (HAMA): Sections 6 and 11 of this Act lay down the essential conditions for a valid adoption. Section 12 clarifies the effects of adoption, stating that an adopted child is deemed to be the child of the adoptive parents for all purposes. The absence of compliance with these provisions means no valid adoption has taken place.
• Hindu Succession Act, 1956: This Act governs inheritance and succession. A legally adopted child is considered a Class I heir, with the same rights as a biological child. Since the adoption in this scenario is not legally valid, the child does not qualify as an heir under this Act.
• Transfer of Property Act, 1882: Section 122 of this Act defines a ‘gift’ and governs the transfer of property. The gift deed from Mr. Singh to Mrs. Singh makes her the absolute and rightful owner of the property, with all rights to deal with it.
• Bharatiya Nyaya Sanhita (BNS), 2023, and Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: These are criminal laws and are not applicable here, as inheritance and adoption disputes are civil matters. They would only become relevant if there were allegations of criminal acts like document forgery or coercion, which is not the case in this scenario.

If you are the complainant

If you are a potential buyer or another interested party concerned about the child’s claim, your approach should be focused on due diligence.

• Verify the chain of property documents, including the original sale deed in Mr. Singh’s name and the subsequent gift deed in Mrs. Singh’s name.
• Request proof of the child’s legal status. Ask the sellers if a registered adoption deed exists.
• In the absence of a legal adoption deed, the child has no claim on the property, and you can proceed with the transaction, ensuring the sale deed is properly executed and registered.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

If you are the victim

If you are the adoptive parent wanting to secure the child’s future or a guardian for the child, the following steps are crucial.

• To grant the child legal inheritance rights, the adoption must be formalized. This involves following the procedure under the Hindu Adoptions and Maintenance Act, 1956, and executing a registered adoption deed.
• If formal adoption is not possible for any reason, the adoptive parents (in this case, Mrs. Singh) can ensure the child inherits the property by executing a valid Will in the child’s favor.
• A Will is a legal declaration of a person’s intention regarding their property, which they desire to be carried into effect after their death. This ensures the property passes to the child without any legal ambiguity.
• Consult with Lawyer: The very basic and important step to start is talk to Lawyer / advocate. You should not hesitate in paying his consultation fee i.e. might be in range of Rs. 10,000 to 50,000 depends case to case. He is helping you in this situation of come out. He is expert in the domain and can help you explain the procedure which you might have never explored. A good lawyer can get the issues resolved much faster than you think

How the police behave in such cases

The police have no role or jurisdiction in such matters. This is a purely civil issue concerning property rights, succession, and family law. The determination of whether a child is a legal heir or whether a property transfer is valid falls under the purview of civil courts. Police would not entertain a complaint regarding a potential inheritance claim. Their involvement would only be warranted if there were elements of a crime, such as cheating, forgery of the gift deed, or criminal intimidation, none of which are present in this situation.

FAQs people normally have

• What makes an adoption legally valid?
  A legally valid adoption requires adherence to the procedures laid out in the Hindu Adoptions and Maintenance Act, 1956, or the Juvenile Justice (Care and Protection of Children) Act, 2015. The most critical evidence is a registered adoption deed or a formal order from a competent court.
• Can an unofficially adopted child inherit property?
  No. An unofficially adopted child has no automatic right to inherit the property of the persons raising them. They can only receive property through a specific provision made in a Will.
• Does raising a child for years give them inheritance rights?
  No. The duration of care or the emotional bond does not create legal inheritance rights. The law strictly requires a formal, legal adoption for such rights to be established.
• Can the owner sell the property without the child’s consent?
  Yes. Since the child is not a legal heir and has no legal interest in the property, the absolute owner (Mrs. Singh) can sell it without any consent from or consideration for the child.

What evidence is required?

• To prove ownership of property: The registered sale deed and the subsequent registered gift deed are the primary documents that establish Mrs. Singh’s absolute ownership.
• To prove the child’s right to inherit: A registered adoption deed would be the conclusive evidence. Without it, the child cannot legally establish a claim as an heir. School records or other documents naming the Singhs as parents may show them as guardians but do not prove a legal adoption for inheritance purposes.
• To challenge the sale: Any party challenging the sale would need to prove a defect in Mrs. Singh’s title or establish a superior legal claim. In this case, the child has no legal basis to challenge the sale.

How long will the investigation take?

This is not a matter for a police investigation. If a legal dispute were to arise—for instance, if someone files a civil suit on behalf of the child claiming a right to the property—it would be adjudicated by a civil court. Such civil litigations in India are known to be lengthy. A suit for declaration of rights or for a stay on the sale of property could take several years to be finally decided, moving through the trial court, appeals, and so on.

Advocate Sudhir Rao, Supreme Court of India