Hindu family law of adoption

@ Author,

1.  The main condition to fulfill for a valid adoption is that, the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or under their authority with intent to transfer the child from the family of its birth to the family of its adoption.

2. Reading your brief it seems to be a valid adoption under S. 11 (vi) HAMA, 1956. Reason being one child is given to the family of other so that the child is brought up, got the child educated, given father’s name to the child and later got her married off too, hence intention to give and to take the child in adoption is made complete and thus making the whole presented facts a case of a ‘valid adoption’.

{BTW, why now ask the question of its validity?}

[Last reply]

Well advised, nothing more to add except the fact that Y1 cannot get inheritance rights of X in the absence of a valid written/registered Adoption Deed and certain adoption formalities and function between the natural and adpotive parents.

Although basic ingredients of adoption was fulfilled yet in absence of Registered Deed of Adoption movable and immovable properties of X cannot automatically transfer to the adopted girl after demise of X according to natural right of inheritance under the Hindu Law. Under such circumstances Mr. X can give his properties both movable and immovable to his adopted daughter by a WILL.

If both the X and Y agree atleast now an registered adoption deed can be done stating that already an oral adoption took place long before and now it is confirmed.

If Y refuses to do adoption now, X has to file a declaratory suit in the civil court against Y and all concerned stating that already an oral adoption had taken place long before and since then she is in the custody of X only.  A paper publication should also to be given.  X has to submit to the court all the documents evidencing that the girl is residing with him since the oral adoption till X class.  From X class onwards already X name was registered as Father. 

I respectfully slightly disagree with Ld. expert Sh. Ravinder P. as the adoption deed can be done/registered for minor upto  the age of 14 years and not now.

Why does X not consider of bequeathing his properties in favour of Y, another option available?

@ Vashista sir

Registered Adoption can be done means to validate the oral adoption done.  The date of adoption will be old but the registration will be done now. 

There is no option called validation of oral adoption.  a declaration suit will be next alternative since the option for registration of adoption at this stage is extinguished. If inheritance is the issue to be settled, better bequeath the property by executing a Will in her favor or execute a registered gift deed in her favor based on the oral adoption.