Querist :
Anonymous
(Querist) 23 February 2011
This query is : Resolved
A widow adopted a son of her sister vide registered Adoption Deed. After adopting now the natural mother & father pressurizing her to transfer her all property in the name of their son and threatening her.Now that widow wants to cancel the adoption deed. Can she go for cancellation if yes on which grounds?
Guest
(Expert) 23 February 2011
adoption suit will lie for cancellation of adoption on the ground of fraud
Parveen Kr. Aggarwal
(Expert) 24 February 2011
An adoption validly made cannot be cancelled subsequently. Section 15 of the Hindu Adoptions and Maintenance Act, 1956 prohibits such cancellation. "15.Valid adoption not to be cancelled:- No adoption which has been validly made can be cancelled by the adoptive father or mother or any other person, nor can the adopted child renounce his or her status as such and return to the family of his or her birth."
However, a suit can be filed to obtain a declaration that an alleged adoption is invalid, or never, in fact, took place. Such a suit can be filed within three years from the date when the alleged adoption becomes known to the plaintiff.
Amit Minocha
(Expert) 24 February 2011
agree with Mr Aggarwal
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