Will vs. Adoption Deed: Court Rules in Favor of Adopted Son.
29 April 2024
Adoption Law >> Family Law | Wills/Trusts >> Family Law
A recent judgment from the High Court of Judicature at Madras settled a dispute over property between an adopted son and his wife (Plaintiffs) and the biological sons of the deceased owner (Defendants).
The case centered around a property owned by a deceased man. The plaintiffs claimed rights to the inheritance as the adopted son and wife of the deceased, while the defendants asserted their claim as biological sons from the deceased's first marriage.
Strong Evidence for Adoption:
The Plaintiffs presented a registered adoption deed as evidence of their legal standing. The Defendants, crucially, did not contest the validity of the adoption. This significantly weakened their case.
Defeated Will Claims:
The defendants further attempted to claim the property through two wills allegedly written by the deceased in their favor. However, they were unable to provide sufficient proof of the wills' authenticity or proper execution.
Conclusion:
With the adoption deed as verifiable proof and the defendants' claims failing to hold weight, the Court ruled in favor of the Plaintiffs. The judgment established them as the legal heirs and entitled them to inherit the property.
This case serves as a reminder of the legal importance of registered adoption deeds. A properly documented adoption process carries a strong presumption of validity in court. Additionally, the case highlights the need for proper execution of wills to ensure their enforceability.
Hindu Adoptions and Maintenance Act, 1956