18 April 2020
How did you got decree of adoption from Civil Court Mumbai in 1995 ? Is there any issue left over by the Court while issuing order for adoption ? Facts posted by you are vague and incomplete.
18 April 2020
On the one hand you have stated that "the adoption is completed through Court order by Principal Judge City Civil Court Mumbai in 1995..." on the other hand you want to get an adoption deed registered making reference of the order of adoption ??? Could not follow, what do you want and why ?
20 April 2020
The essentials prescribed by section 6 of the Hindu Adoption and Maintenance Act, 1956 are: 1. The person adopting has the capacity, and also the right, to take in adoption; 2. The person giving in adoption has the capacity to do so; 3. The person adopted is capable of being taken in adoption; and 4. The adoption is made in compliance with the other conditions mentioned in this Chapter.
Section 17 of the Registration Act specifically refers to the documents of which registration is compulsory. The deed of adoption is not one of the documents mentioned in sub-section 1 of Section 17 which mandatorily required registration. Sub-section 3 of Section 17 only refers to the mandatory requirement of registration of an authorization that may be given for adopting a son executed after 01.01.1872 if such authorization was not conferred by a Will. Dealing with the said provision relating to authorization, it has been held in the decision reported in Vishvanath Ramji Karale V. Rahibai Ramji Karale and others - AIR 1931 Bombay 105 by a deed of adoption as distinguished from authority to adopt does not require registration.
20 April 2020
How can an expert attend a query without having the facts especially when the same expert has demanded the addtional facts from the author but without waiting for the response started giving further advice irrelevant to the query. If the subsequently reply is perfect as per query then what was need to demand additional information by the same expert?
21 April 2020
12. Legal procedure.- (1) The Specialised Adoption Agency shall file an application in the court concerned, having jurisdiction over the place where the Specialised Adoption Agency is located, with relevant documents in original as specified in Schedule IX within ten working days from the date of matching of the child with the prospective adoptive parents and in case of inter-country adoption, from the date of receiving No Objection Certificate from the Authority, for obtaining the adoption order from court. (2) The Specialised Adoption Agency shall file an application in the given format as per Schedule XXVIII or XXIX, as applicable. (3) In case the child is from a Child Care Institution, which is not a Specialised Adoption Agency and is located in another district, the Specialised Adoption Agency shall file the application in the court concerned, in the district where the child or the Specialised Adoption Agency is located and in such a case, the Child Care Institution will be a co-petitioner along with the Specialised Adoption Agency and the Child Care Institution shall render necessary assistance to the Specialised Adoption Agency concerned. (4) In case of siblings or twins, the Specialised Adoption Agency shall file single application in the court. (5) Since an adoption case is non-adversarial in nature, the Specialised Adoption Agency shall not make any opposite party or respondent in the adoption application. (6) The court shall hold the adoption proceeding in-camera and dispose of the case within a period of two months from the date of filing of the adoption application by the Specialised Adoption Agency, as provided under subsection (2) of section 61 of the Act. (7) The adoptive parents shall not be asked in the adoption order to execute any bond or make investment in the name of the child, considering the fact that their psycho-social profile and financial status have already been ascertained from the Home Study Report and other supporting documents. (8) The Specialised Adoption Agency shall obtain a certified copy of the adoption order from the court and shall forward it to the prospective adoptive parents within ten days and it shall also post a copy of the order and update the relevant entries in the Child Adoption Resource Information and Guidance System. (9) Registration of an adoption deed shall not be mandatory as per the Act. (10) The Specialised Adoption Agency shall apply to the birth certificate issuing authority for obtaining the birth certificate of the child within three working days from the date of issuance of adoption order, with the name of adoptive parents as parents, and date of birth as recorded in the adoption order and the same shall be issued by the issuing authority within five working days from the date of receipt of the application. (11) The Specialised Adoption Agency shall submit an affidavit to the court while filing a petition as provided in Schedule XXIII.
21 April 2020
The registration is no mandatory only n case the adoption is through an agency. As the agency itself stands registered hence it has not been made compulsion to separately register the adoption but the query of the author is not related with the adoption agency hence the reply of expert Rajender Kumar Goyal is not applicable in the present matter.