Aditya Raj (Owner) 28 July 2012

Is this a valid adoption?

Hello,

Could anyone please help me with my query regarding adoption.

I have two maternal uncles. The younger uncle has adopted the son of older uncle out of affection. Now, the older uncle has a lot of conflicts with the younger one over some business and he is living separatly now.

This was the case when adoption happenned.

The son was of 16 yrs of age when the adoption happened.
The younger uncle was of 37 yrs old and his wife (my aunt) was of 29 yrs old at the time of adoption.
The adoption happened on the stamp of Rs. 100.
The adopted son lives with the bilogical father.

Now, the que is:

Is this adoption valid? They all are hindu.
Can the adoption can be cancelled in the court if all the parties agrees - like the son do not want to live with the father who has adopted him?

Thanks,

Aditya

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3 Replies

Adv Archana Deshmukh (Practicing Advocate) 28 July 2012

A valid adoption cannot be cancelled. However in this case the son was 16 years of age at the time of adoption and as per the provisions of the Hindu Adoption and Maintainance Act, the child to be adopted should not have completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption. So, if there is no such custom there then, the adoption can be cancelled on this ground also.

Tajobsindia (Senior Partner ) 28 July 2012

Originally posted by : Aditya Raj
	This was the case when adoption happenned. The son was of 16 yrs of age when the adoption happened. The adoption happened on the stamp of Rs. 100. The adopted son lives with the bilogical father. Is this adoption valid? They all are hindu. Can the adoption can be cancelled in the court if all the parties agrees - like the son do not want to live with the father who has adopted him?

Slightly differing to adv. Archana on first opening line “valid” I have to add following;

S. 16 of Hindu Adoptions and Maintenance Act envisages a statutory presumption that in the event of there being a registered document pertaining to adoption there would be a presumption that adoption has been made in accordance with law

S. 11 (vi) of the Act, which records that the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned with intent to transfer the child from the family of its birth to the family of its adoption. The give and take in adoption is a requirement, which stands as a sine qua non for a valid adoption. Here the son is not even living with adopted father !

One significant aspects is absent out of the two in your case, so in my opinion the alleged adopted son has possibility in his favour other than age restriction brought to your notice by Adv. Archana.