validity of adoption deed

Querist : Anonymous (Querist) 17 December 2010 This query is : Resolved
Registered adoption deed mentioned the age of the adoptive son to be 17 years at the time of the adoption. adoption challenged on this ground. Adopted son produced as evidence his school certificate which shows that he was 15 years of age at the time of adoption. which document should be taken into consideration by the court. Adoption whether valid?? Both the parties are Hindu.

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Khaleel Ahmed (Expert) 17 December 2010
The adoption deed can not be held illegal on the basis of mere age difference in the deed and school records. Correct age may be incorporated in the deed as well as in school certificate.

Devajyoti Barman (Expert) 17 December 2010
Since both the ages does not cause any change in the majoriity/capacity of the son, so it is alone not of much importance.

adv. rajeev ( rajoo ) (Expert) 18 December 2010
who has challenged the adoption deed?

s.subramanian (Expert) 18 December 2010
The adoption is prima facie hit by Sec.10(iv) of the Hindu Adoptions and Maintenance Act,1956. There is a legal prohibition for the adoption of a person above 15 completed years of age. In your case the adoption deed itself contains the age of the adopted person as 17. Hence the adoption is invalid. But you can prove any such custom prevalent in your caste and in your area for adopting a child above 15 years of age. If such a custom is pleaded and proved,you can succeed.