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adoption

(Querist) 26 September 2010 This query is : Resolved 
after the death of central govt employee . can widow adopt a child ( her relative ), for medical & pension benefit.she also have a adopted child before death of her husband .
adv. rajeev ( rajoo ) (Expert) 26 September 2010
In my opinion she cannot adopt the another child when she has already adopted.
s.subramanian (Expert) 26 September 2010
First of all you must say whether they are hindus or not.Then you must say whether earlier adoption is of a male or female child. Whether the present adoption is of a male or female child. Without the details a proper opinion cannot be given at all by any expert at all.

There is a prohibition under Sec.11 (i) of the Hindu Adoption and Maintenance Act,1956 in this regard. When the already adopted child is a son,then another son cannot be adopted now. If the already adopted child is a daughter,then another daughter cannot be adopted now.

Thus it is clear that if you have already adopted a son,now the adoption of a daughter is not barred in law. Similarly if the already adopted child is a daughter,the present adoption of a son is not prohibited.
Arvind Singh Chauhan (Expert) 26 September 2010
I think she can. Subramanian Sir has cleared the picture.
s.subramanian (Expert) 26 September 2010
The said Hindu Adoptions and Maintenance Act,1956 by its Sec.8(c) permits the widows to adopt a child.There is no bar in this regard.
Rajeev kulshreshtha (Expert) 27 September 2010
Yes Subramanian Sir is right.
sanjay mundada (Expert) 27 September 2010
subject to other bylaws of said act she can adopt child.age difference should be 18 years between child and mother.after changing the documents on his name as son u can avail pension bebnefits.
aman kumar (Querist) 05 October 2010
thanx all but pls tell me that can that child get profit of her late father service as medical., pensions


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