SANKARPRASAD (MNGR) 07 June 2017

Adoption hindu -- validity

A has been adopted by his Mother's own brother when he was a minor through a Regd. deed. This ADOPTION registererd after he became Major.

A Original Father & Mother had two children A & One more Girl .

If A is the only Son( They may have daughters) to their parents Is this Adoption is valid?.

Looking for experts opinion on this.

Kumar Doab (FIN) 07 June 2017

Is it same matter:

https://www.lawyersclubindia.com/forum/Right-on-property-150535.asp

Raveena Kataria (Advocate ) 30 June 2017

Hi!

As per the Hindu Adoptions and Maintenance Act, some of the essentials to a valid adoption are:

That the person who takes in the adoption is qualified to do so. In this case, if A’s uncle (i.e. A’s mother’s sibling) was at least 18 years of age at the time of adoption and of sound mind, he can adopt. In case he had a wife, he’d have needed her consent for the purpose of a valid adoption. However, at the time of adoption, he must not have a son (or son’s son, and so on, whether by blood or adoption.) If he has a daughter, that would not be a bar to adoption.
That the person making the adoption is qualified to do so. Only the father, mother, or the guardian of a child (if they are Hindus) can give such child in adoption. Both the father and mother of the child (after the 2010 personal laws amendment,) have an equal capacity to give their child in adoption with the consent of the other spouse if the latter is still alive, of sound mind, and hasn’t renounced the world or ceased to be Hindu.
At the time of adoption, the minor was not of more than 15 years of age. (Unless the custom/usage permits adoption of a child of age of 15 years or more.)

Hope this helps!