Hindu adoptions and maintenance act

manager

DEAR SIR

A     IS A HUSBAND

     IS A WIFE

C      IS ADOPTION CHILD

 

A N B TAKING ADOPTION IN THE YEAR 03/06/1987 .... TAKING ADOPTION OF  C DINESH PRABHU BIRTH DATE ON  :  20-04-1981.... THE SAME ADOPTION DEED REGISTERED WITH REGISTER OFFICE ONTHE SSMAE DATE DATE THAT IS  3-06-1987. BUT HE IS HAVING ALL THE TIE UP WITH BILOGICAL PARENT, AND HE GOT PROPERTGY SHARE AND EVERY THING. TILL TODAY HIS LEGAL HIRER CONTINUE WITH ORGINAL BILOGIKAL PARENT. ORGINAL FQATHER AND MOTHER DIED... IN LEGAL HIRERE CERTIFICATE  WITH DIED PARENTS ONLY. RATION CARD ALSO WITH ORIGINAL PARENT ONLY.. NOW HIS AGE IS 32.

BOTH ORGINAL FATHER AND MOTHER NOA SIGNED IN THE ADOPTION DEED

THIS ADOPTION IS VALID OR NOT... IF IT NOT VALID HOW CAN CANCEL BY THIRD PARTY.....OR WHO CAN CANCEL

WHAT IS THE EAXCT ACT TO CANCEL.

 
Reply   
 

dear querist,

adoption once done can not be revoked at all,and if adopted child is taking all the benefits from his natural parental sides like property and as lrs ,such transactions in his name are illegal and not accepted by the law.

 
Reply   
 


Advocate/Legal Consultant (rpchughadvocatesupremecourt@hotmail.com)

For a valid adoption the child should be completely transplanted from biological family to the adoptive family. THe intention to give and take the child should be manifest. In this case since the adoption deed is not even signed by the biological parents, and the child continued to live with them and inherited property - I don't feel adoption would stand in a court of law, how come it can be registered when not signed by the parents of the child ???


Total likes : 1 times

 
Reply   
 
Senior Partner

The Adoption Deed made by A and B is not legally right. The Adoption Deed suffers from "technical defects".

Reasoning:

This seems to me a case of 'customary adoption" where A and B according to customary rules of their "community" adopted C and same day "executed" a Adoption Deed. The formalities necessary for customary adoption in accordance with the rules prevalent amongst certain "communities" are: (i) a declaration of adoption and (ii) "general treatment" of the appointed heir as a son and same needs to be evidentiary established too.

 

Hence according to the customary rules of adoption the "deed of adoption" could not have any effected unless after its "execution" same day "there was a continuous course of conduct" showing that B treated C as his son and inasmuch from the short brief of yours to show such "association". The brief specifically says that C stayed and enjoyed his biological parents legal heir rights even “after alleged adoption" hence both A and B have failed to make out a case as B fails to show "there was a continuous course of conduct".

 

I also differ to the opinion of SC advocate @ Anish as in his rely he has erred on 'revocation of adoption deed" and if he ever heard of SC and various State HC's Laws on 'revocation of adoption deed' vis-à-vis "customary laws on adoption" then he should not have said what he said in his reply is my opinion. In short I say "child adoption deed" can be “revoked” in India and there are umpteen case laws.

 

 

Also I noticed here (in LCI as in various thread post replies) many SC Advocates say “authoratively” that a child above 15 years cannot be adopted as per Law!!!. May I question these so called SC Advocates including a trial Court practicing female advocate from Maharashtra when you all will sharpen tools of your trade! However this besides a minor reminder be it known that, in Bengal, Banaras and Bihar the courts hold that the boys must be adopted before upanayana*. The same rule holds good in Madras; but there it is further held that if the boy to be adopted is of the same gotra as the adopter, the adoption may be made after upanayana but before marriage, In Bombay a person may be adopted at any age, even after marriage and even after he has had children and he may be even older than the adopter. In the whole of India, a SC / ST / OBC child may be adopted only before his marriage, but in the Bombay Presidency the adoption of a married man and of one having even a child is allowed also among SC / ST / OBC. I suggest these advocates to read and understand Hindu Law before making there so called 'authorative reply" on age of child who can be adopted without asking first "customs and usage S. 3" in the area from where the query originated.

 

* upanayana; A "Brahmin" child's upanayana must be performed when he is eight years old from conception, that is when he is seven years and two months old from birth. A "Ksatriya's" is to be performed at the age of twelve. The corresponding age for a "Vaisya" is sixteen.


Total likes : 1 times

 
Reply   
 
Practicing Advocate/Legal Consultant/Legal Process Outsourcing 08427414792

Endorse the opinion of Bharat and the impeccable reasoning of Tajobs.


Total likes : 1 times

 
Reply   
 
Advocate

Adoption, one done cannot be revoked or canceled, however its validity can be challenged any time.

In your case, any interested party can challenge the validity of the adoption, by challenging the adoption deed on the following grounds:

  1. The adoption deed is not duly executed (As you say the same was not signed by the natural parents, who gave the child in adoption)
  2. Mere execution and registration of adoption deed is not sufficient to prove a valid adoption the ceremonies are to be pleaded and proved. You can take a stand that no adoption ever took place and the adoption deed is mere paper transaction.

 

Also keep in mind that the Burdon of proof is not on the one who is challenging the adoption, but on the one who is likely to be benefited, in case the adoption is proved.

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu