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

In a complex property matter, Mr. Ramesh sold a piece of land in the city of Alipur to Mr. Vikram back in 1998. Fast forward to 2023, Mr. Vikram gifted this property to his wife, Mrs. Priya. The couple does not have any biological children but has been raising a child, Aarav, who is now about seven years old. They brought Aarav into their home from a charitable institution but have never completed the formal, legal adoption process. There is no registered adoption deed or court order to prove Aarav is their legally adopted son. Mr. Vikram is reluctant to discuss the details of the adoption. Now, a potential buyer is interested in the property, and a question arises: if Mrs. Priya sells the land, could Aarav, in the future, stake a claim to it as his inheritance? This situation highlights the critical difference between a de facto and a de jure (legal) adoption in India.

Advice in such cases

Navigating inheritance laws, especially when adoption is involved, requires careful legal scrutiny. Here are some steps to consider:

• Verify Legal Status: The foremost step is to ascertain the legal status of the child. An adoption is only valid in India if it complies with the Hindu Adoptions and Maintenance Act, 1956, which requires a registered adoption deed or a court decree. A mere ceremony or raising a child does not grant them legal inheritance rights.
• Examine Property Title: The buyer must conduct thorough due diligence on the property’s title. The gift deed from Mr. Vikram to Mrs. Priya should be examined to ensure it is valid and registered. If Mrs. Priya is the absolute owner, she generally has the right to sell the property.
• Future Claims: A child who is not legally adopted cannot claim inheritance in the adoptive parents’ property under succession laws. However, to prevent future litigation, the buyer can ask the sellers for a formal declaration or affidavit stating that the child is not their legally adopted heir.
• Consider a Will: While not directly relevant to a buyer, the adoptive parents can secure the child’s future by bequeathing property to them through a registered Will. This is a separate act from inheritance by succession.
• 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 primarily involves civil laws related to family and property:

• The Hindu Adoptions and Maintenance Act, 1956 (HAMA): This Act governs the process and effects of adoption for Hindus. Section 11 lays down the essential conditions for a valid adoption. Section 12 states the effects of a valid adoption, clarifying that the adopted child is deemed to be the child of their adoptive parents for all purposes, including inheritance. An adoption that does not meet these criteria is legally void.
• The Hindu Succession Act, 1956: This law governs the succession and inheritance of property. A legally adopted child (as per HAMA) is treated as a Class I heir, on par with a biological child, and has a right to inherit the property of their adoptive parents if they die without a will (intestate).

If you are the complainant

If you are the prospective buyer or a party concerned about the potential claim, your approach should be cautious and legally sound.

• Demand Legal Proof: Request the sellers to provide a registered Adoption Deed or a court order confirming the child’s legal adoption. The absence of such a document is a major red flag.
• Obtain Indemnity: You can include a clause in the sale agreement where the sellers indemnify you against any future claims arising from any person, including the child in question.
• Seek a Declaration: Ask the sellers to sign a sworn affidavit clarifying the child’s status and confirming that he has no legal right to the property being sold.
• 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 rights, or acting in the child’s best interest, here is what you can do.

• Legalize the Adoption: If the child and parents meet the criteria under HAMA, the most crucial step is to formalize the adoption immediately by executing and registering an adoption deed. This will grant the child all legal rights.
• Execute a Will: As an alternative or additional measure, the parents can execute a valid, registered Will, clearly bequeathing the desired property or a share of their estate to the child. This ensures the child’s financial security irrespective of the adoption’s legal status.
• Gift Deed: The parents can also gift property to the child during their lifetime through a registered gift deed. Once gifted, the property belongs to the child.
• 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 in matters of adoption validity or property inheritance. This is a purely civil dispute. The police will not register an FIR or intervene unless there is an element of a criminal offense like forgery of documents, cheating (under Section 316 of the Bharatiya Nyaya Sanhita, 2023), or criminal intimidation. The appropriate forum for resolving such disputes is a competent Civil Court.

FAQs people normally have

• What makes an adoption legally valid in India?
  For Hindus, an adoption is only valid if it adheres to the Hindu Adoptions and Maintenance Act, 1956. This typically requires a registered adoption deed or a decree from a competent court.
• Can a child raised since infancy without a deed claim inheritance?
  No. The law is clear that unless the adoption is legally valid as per the statute, the child cannot claim inheritance rights as an heir. Affection and upbringing alone do not confer legal status.
• Can the “unofficial” adoption be challenged?
  Yes, an adoption not backed by a registered deed or court order can be easily challenged in a court of law and will likely be held invalid.
• Is a gift to a wife by her husband her absolute property?
  Yes, if a property is transferred via a valid and registered gift deed, the recipient (the wife in this case) becomes the absolute owner with full rights to sell, mortgage, or dispose of it as she wishes.

What evidence is required?

To establish a valid claim or defense, the following documents are crucial:

• Registered Adoption Deed: This is the primary evidence of a legal adoption.
• Court Order/Decree of Adoption: If the adoption was processed through a court.
• Property Title Documents: The original Sale Deed, Gift Deed, and mutation records to establish ownership.
• Child’s Birth Certificate: A birth certificate listing the adoptive parents’ names is strong corroborative evidence.
• Affidavits and Declarations: Statements from the parties involved clarifying the status of the adoption.

How long will the investigation take?

This is not a matter for police investigation. If a dispute arises and a lawsuit is filed in a Civil Court (for instance, a suit for declaration of title or a suit challenging the sale), the process can be lengthy. Civil litigation in India can take anywhere from a few years to over a decade to be resolved, depending on the complexity of the case, the evidence presented, and the workload of the judiciary.

Advocate Sudhir Rao, Supreme Court of India