Cancel adoption deed
prakash
(Querist) 25 May 2023
This query is : Resolved
Sir/Madam,
One of my client raise a query that, He came to know last month that, he was adopted by his uncle in his age 8 (it was mentioned in registered deed , i.e. year 1981) , But the deed was registered in sub-registrar office by the year 1992, at that time his age is 19. Without his knowledge & signature the deed was registered and signed by his biological and adopted parents.
Now, his Biological parents are no more and one of the adopted parent also died. As per the legal heirship certificate his name is not mentioned in his adopted parent certificate.
Kindly clarify how to cancel the adoption deed.
T. Kalaiselvan, Advocate
(Expert) 26 May 2023
No adoption which had been validly made can be cancelled by the adoptive father or mother or any other person, nor can the adopted child renounce his or her status as such and return to the family of his or her birth.
Therefore on the basis of the adoption deed, you can give an objection to the revenue department which issued legal heirship certificate by excluding your name.
Sudhir Kumar, Advocate
(Expert) 26 May 2023
Agreed with above views that the adoption cannot be cancelled if legally done.
In this case the adoption deed has been registered when the child has already attained the age of 15 years.
In this regard you may examine the case in light of the following provisions
The Hindu Adoptions And Maintenance Act, 1956
Section 10
Persons who may be adopted.—No person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely:—
(i) he or she is a Hindu;
(ii) he or she has not already been adopted;
(iii) he or she has not been married, unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption;
(iv) he or she has not 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.
Sectub5(2)
(2) An adoption which is void shall neither create any rights in the adoptive family in favour of any person which he or she could not have acquired except by reason of the adoption, nor destroy the rights of any person in the family of his or her birth.
prakash
(Querist) 26 May 2023
Adoptive Child and remaining Adopted Parent are ready to cancel the deed with mutual consent. Besides, Adopted Parent has 4 children and all are Major.
kavksatyanarayana
(Expert) 26 May 2023
No. If you are not interested, you and your adoptive father shall approach court.
Advocate Bhartesh goyal
(Expert) 28 May 2023
File suit for cancellation of adoption deed on ground that at the time of registration of adoption deed age of adopted child was 19 years which is clear violation of sec 10 of Hindu Adoption an Maintenance Act 1956 and can not be operated from prior date.
Dr. J C Vashista
(Expert) 28 May 2023
I agree with the opinion and advise of expert Mr. Bhartesh Goyal.
Adoption at the age of 19 years is invalid and require to be cancelled by competent civil court by filing a declaratory suit through a local prudent lawyer.
prakash
(Querist) 29 May 2023
Thank You for your guidance Sir...
T. Kalaiselvan, Advocate
(Expert) 30 May 2023
The provision of law referred herein above by some experts invoking section 10 of HAMA is for adoption afresh.
In this case adoption has already taken place and the registration of the deed subsequently was a mere formality. Hence the said provisions may not be applicable in this situation especially when Adoption of boy more than 15 years of age and married is not illegal on account of non-compliance of section 10(iii) subclause three and 10(iv) of the act provided such custom or usages is prevalent in the community;
Referred judgment: Hanmant Laxman Salunke v. Shrirang Narayan Kanse, 2006;
In the present case the person has already been adopted as per the prevailing customs in the community hence the registration of the adoption may not be rendered as invalid in the eyes of law.
Experts may offer their own opinion to nullify my above opinion, thank you all.
Sudhir Kumar, Advocate
(Expert) 31 May 2023
It is stated that the adoptive parents have four children
not clear, if they had a child of (i) same sex at the time of adoption (ii) at the time of adoption.
Dr. J C Vashista
(Expert) 01 June 2023
In view of the citation referred by learned expert Mr. T Kalaiselvan, the subject (under present query) require to be further researched.
