hi(i m a nu member n my name is dhiraj adv.)
i presented a deed of adoption for registration but d same was refused by d court on d ground that d boy 2 b adopted is 19 years old.i tried 2 convince d court that d boy was adopted way back in d year 1992(5years) n no deed was deed was executed at that time becoz the parties were illetrate n rural rustic agricultrist n were not awre of it .his natural mother died in d year in which he was born and his natural father died after 2 years.it his maternal uncle,who gave in adoption d child in d year 1992 n all the ceremonies, which are requisite for adoption were performed at that time.
Sec.10 of jammu and kashmir adoption and maintenance act prvides the adoption of a person,who has not completed the age of 15 years n not beyond that
now d questions r
1.can this deed be registered at this time? if yes any law point
2.when this adoption takes affect? from d date of adoption r from the date of registeration of d document though d registration is optional n not compulsary
Registration of adoption deed is not manadatory. The adoption is completed by an actual giving and taking and after the ceremony called Datta Homan (oblation to the fire) has been performed. However this may not be essential in all cases as to the validity of adoption.
The adoption deed is not to be registered (except in Uttar Pradesh). Except where it declares or reserves an interest worth Rs. 100 or more for a third person in an immovable property.
However authority to adopt is to be registered under section 17(3), Indian Registration Act.T
