Adoption...

samudra (Querist) 03 January 2009 This query is : Resolved
Dear Friends,

1)Can some kindly Explain me what is Goda datta adoption/Act(Act which is followed for Adoptions, before 78 of HA&MA 1956 enacted),i mean its TEXT etc.

2)A person/s prepares an Adoption deed in the year 1971,saying: "The adoption ceremony of the said Boy had taken place in the year 1955",now(in the year 1971) we do here by DECLARE and RATIFY the Boy is our Adopted Son. How far this action is valid in The EYE of Law?

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J K Agrawal (Expert) 04 January 2009
action is valid

Fact of adoption is to be proved.

Adoption deed it self having no value and does not creat any adoption. It is only formal expration of the fact of actual adoption and it can be done even after 20 year or more.

samudra (Querist) 05 January 2009
J K Agrawal Garu,

Thank you for your reply.

My first part of the QUESTION is NOT Answered!

Here the opposition parties contention is,Actual adoption is taken place only in the year 1971 not earlier.Just to escape from section 10(3)&(4) of the adoption act,the year 1955 is brought in to the picture. Can it be proved other wise?

Here the person adopted is married(in May 1964) and over 15yrs(His date of birth is Dec'1946)of age. His school record (of June'1964), carries the name of his Biological Father &Family name.

What is the solution.

KAMARAJ BHARATHY G (Expert) 06 January 2009
the hindu adoptions and maintenance act was enacted in 1956 itself. Hence kindly previous act to confirm the validity of the adoption taken in 1955.

samudra (Querist) 07 January 2009
Dear Kamaraj Bharathy Garu,

Sorry! I didn't understood you.Would you kindly little more elaborative please?

Thank you ..in advance..

KamalNayanSaxena (Expert) 08 January 2009
Dear Mr. Samudra
The word 'Garu' you are using is not common one, I request you to avoid the use of such type of words.

Adoption is a matter of fact and shall be adjudicated purely on avertment made by evidences and record submitted.

samudra (Querist) 08 January 2009
Dear Mr.KamalNayanaSaxena,

Thank you very much,for your information.

Coming to the usage of word"Garu",this the word used as a RESPECT in whole of 'Andhrapradesh'state.

with regards...

Adv.Shine Thomas (Expert) 17 January 2009
it is a valid adoption.

samudra (Querist) 17 January 2009
Thank you Friends.

But from which date it is valid? From the year 1955 or date of deed 1971?

In this connection please go through my EXPLANATION above,on date 05.01.2009.

Matter is Little URGENT please!

with regards.....

Adv.Shine Thomas (Expert) 22 January 2009
it is valid from 1971

samudra (Querist) 08 February 2009
Dear Shine Thomas,
Thank you very much.

Under the conditions,The person attracts Sec. 10(3)&(4),as i stated on my posting dated:1/5/2009 above (2nd from top)?

please reply me at the Earliest.

With regards...