Adopation Deed Reg

ram (Querist) 02 March 2009 This query is : Resolved
Adoption Deed between Hindu and koya etc
what is the procidure . Any legal complication in future. such inter religion adoption deed valid or not in view of law

Thank Q

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AEJAZ AHMED (Expert) 03 March 2009
DEAR Ram,

If am not in-correct, koya community is also one from Hindu religion. The Koya practice their own ethnic religion, but also worship a number of Hindu gods and goddesses:

Refer this sites:

http://www.joshuaproject.net/peopctry.php?rop3=112655&rog3=IN

http://www.joshuaproject.net/languages.php?rol3=kff

Then how there is inter religion in your case.

So, the Section 2 (b) of ' The Hindu Adoptions and Maintenance Act, 1956' is very Clear abot the application of this Act with regard to adoption:

Section - 2 : Application of Act

(1) This Act applies-
(a) to any person, who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana of Arya Samaj,

(b) to any person who is a Buddhist, Jaina or Sikh by religion and

(c) to any other person who is not a Muslim, Christian, Parsi or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of the law in respect any of the matters dealt with herein if this Act had not been passed.

Explanation : The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case may be:-

(a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhists, Jainas or Sikhs by religion;

(b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina, and Sikh by religion and who is brought up as a member of the tribe, community, group or family to which such parent belongs or belonged;

[(bb) any child, legitimate or illegitimate who has been abandoned both by his father and mother or whose parentage is known and who in either case is brought up as a Hindu, Buddhist, Jaina or Sikh; and]

So as per, in your case, all the Three requirement are fulfilling:

(a)' Adoptive Child ' { Sec.2}
"Either Legitimate or Illegitimate";

(b) 'Person Capable to take adoption'{Sec.7}

" Normally any Hindu male who is of a sound mind and who himself is not a minor, has the capacity to take a son or daughter in adoption.

However, before exercising his right to adopt a son or a daughter, if the Hindu male has a wife living, then, her consent has also to be obtained for the adoption to be made and become valid ".

(c) 'Person giving adoption' {Sec.9}
" Only the father or mother or the guardian of a child shall have the capacity to give the child in adoption.

If the father is alive, he alone shall have the right to give his child on adoption for which however, he has to take the consent of his wife "

Therefore, as per me, there is no doubt about the ' Validity ' of the required/proposed "ADOPTION DEED".

Let see what are the view of our learned brother about 'Koya' & 'inter religion'.