Definition of Blood Relative...

This query is : Resolved 
 

(Querist)
27 May 2009

Dear Friends!

A person gives his daughter in adoption.Can he treat her as Blood relative for giving a GPA? How Registrar will view this GPA? Is it Valid in the View of Law?

The person is from state of Andhra Pradesh, and is a Hindu.



SANJAY DIXIT (Expert)
28 May 2009

In my opinion "NO".

When an adoption deed was executed properly and accordingly registered the adopted child lost all interests in his natural parents at that moment. Thus all relations from natural parents goes to end. The person who already has given her daughter in adoption can't treat her as a relative now.

Pls correct me if I am wrong.

Y V Vishweshwar Rao (Expert)
28 May 2009

REVENUE (REGISTRATION.I) DEPARTMENT( Govt of AP )

G.O.Ms.No.1128, Dated:13.06.2005
Read:-

From the Commissioner and Inspector General of Registration and Stamps
Lr.No.S1/11095/97, Dt.25.11.2004.
&&&&&

ORDER:-

The following notification will be published in the Extra-ordinary issue of the Andhra Pradesh Gazette Dated:20.06.2005.

NOTIFICATION

In exercise of the powers conferred by clause (a) of sub-section (1) of Section 9 of the Indian Stamps Act, 1899 (Central Act II of 1899), the Governor of Andhra Pradesh here by reduces the Stamp Duty payable in respect of G.P.A. Documents under clause (g) of Article 42 of Schedule I-A of the Indian Stamp Act, 1899, from 5%

(i) to Rs.1000/- when the G.P.A. is given in favour of family members; and

(ii) to 1% when the G.P.A. is given in favour of other than family members.

The above notification shall come into force with effect from 01.07.2005.


Y V Vishweshwar Rao (Expert)
28 May 2009

I Agee with Sri Dixit and furhter add that :-
The above GO of Govt of AP stipulates Family memebrs only !

RAKHI BUDHIRAJA (Expert)
29 May 2009

I endorse the views of Mr. Dixit

Ramesh (Querist)
29 May 2009

Dear Sirs,

Thank you all for the Reply...But

In this particular case, adoption deed is not written,but in her school record adopted Father's name is given.What should she do. can she be called a family member of her Biological father for the purpose of Taking the GPA?

Further i was told, There is a Supreme court Judgment upholding the Relation-ship. Can some one from the Fraternity help me with the Citation please...

Thank you in advance.....

B.B.R.Goud. (Expert)
31 May 2009

i do agree with all learned friends.
thank you all for gioving a valuable info...

Y V Vishweshwar Rao (Expert)
07 June 2009



But I know one situation - that the adopted son brougth all the proerties from his adoptive family and merged in the natural Family properties and continued as family member of the natural family with out loosign his status of adopted son of one-X !

Ramesh (Querist)
08 June 2009

Dear Y V V Rao,

Thank you very much, for the reply! So, GPA can be given to Biological Son/ Daughter; Even if, given them for adoption,as per your Citation.{Kindly provide me with the citation/Ruling, given in your referred case.}

With Thanks in advance...

Y V Vishweshwar Rao (Expert)
08 June 2009

Mr Ramesh !it is not Citation/Ruling, it is a fact in a family .

The Go referred above contemplates Family members only !

You referred a SC Judgment ! I will also verify for such Citation!

A V Vishal (Expert)
08 June 2009

Dear friends

In wake of the SC judgement in CASE NO.: Appeal (civil) 6974 of 1996, PETITIONER:
Kashi Nath (Dead) through LRs.
RESPONDENT:Jaganath
DATE OF JUDGMENT: 05/11/2003
BENCH: DORAISWAMY RAJU & ARIJIT PASAYAT
in my opinion, the daughter who has been given into adoption does not comes in the ambit of family member as per the G O issued in the state of Andhra Pradesh for the purpose of GPA, the GPA has to be registered by paying stamp duty @ 1%, I have this opinion in wake of the obsevations made in the aforesaid case by the Hon'ble Justice of the Apex court. I have reproduced a part for your ready reference:

"The ancient Hindu Law recognized twelve
kinds of sons of whom five were adopted. The five kinds of adopted sons in early
times must have been of very secondary importance, for, on the whole, they were
relegated to an inferior rank in the order of sons. Out of the five kinds of
adopted sons, only two survive today, namely, the Dattaka form prevalent
throughout India and the Kritrima form confined to Mithila and adjoining
districts. The primary object of adoption was to gratify the means of the
ancestors by annual offerings and, therefore, it was considered necessary that
the offerer should be as much as possible a reflection of a real descendant and
had to look as much like a real son as possible and certainly not be one who
would never have been a son. Therefore, the body of rules was evolved out of a
phrase of Saunaka that he must be 'the reflection of a son'. The restrictions
flowing from this maxim had the effect of eliminating most of the forms of
adoption. (See Hindu Law by S.V. Gupte, Third Edition at pages 899-900). The
whole law of Dattaka adoption is evolved from two important texts and a
metaphor. The texts are of Manu and Vasistha, and the metaphor that of Saunaka.
Manu provided for the identity of an adopted son with the family into which he
was adopted. (See Manu Chapter IX, pages 141-142, as translated by Sir W.
Jones). The object of an adoption is mixed, being religious and secular.
According to Mayne, the recognition of the institution of adoption in early
times had been more due to secular reasons than to any religious necessity, and
the religious motive was only secondary; but although the secular motive was
dominant, the religious motive was undeniable. The religious motive for adoption never altogether excluded the secular motive. (See Mayne's Hindu Law and Usage, 12th Edition, page 329).

Ramesh (Querist)
09 June 2009

Dear Friends,

Thank you all for your Detailed Reply.



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