Adoption

No, For valid  adoption, registration of adoption deed in Sub Registrar Office is compulsory and without such registration adoption is not valid in eye of law .Apart from registration give and take ceremony is also essential.Notarized adoption deed is waste paper and not valid for compassionate appointment.

In trspect of compassionate ground appointment for adopted child, all legal formalities relating to adoption need to be completed and the adoption should be legal. Such completion should be completed before the death or incapacitation of the employee, in whose place the compassionate appointment is sought.

 

 

Well analysed, opined and advised by expert Sh. Bhartesh Goyal, I fully agree with him. and appreciate his acumen.

As per your illustrated query!

The court held that appointment on the compassionate ground should not be granted as a matter of course. It should be granted only when dependants of the deceased employee who expired all of a sudden while being in service and by reason, thereof his dependants have been living in penury.

The Government of Madhya Pradesh had adopted a scheme for appointment on the compassionate ground which was circulated to all concerned in terms of a letter charmed 10.06.1994.

The purported deed of adoption needs to be registered. It should be carried with the presumption as envisaged under section 16 of the Hindu Adoptions and Maintenance Act, 1956.

The Bombay High Court recently refused permission to a couple to take custody over a two-year-old child on the strength of a "notarized adoption deed". A Bench ruled out that by merely executing a notarized document purporting to be an Adoption Deed, the petitioners cannot claim that they have a right to hold custody.

Hope it is helpful!
Regards
Minakshi Bindhani

please come with full facts for futher guidance.