Adoption
ranjeet
(Querist) 23 August 2012
This query is : Resolved
is adoption registration complusry in hindu law and witness one is died and another is not coming to court to witness and only photo is proof when his father was died custom done by him and he and his father is having a joint bank bank a/c can he proved that he was taken as adopted son
ajay sethi
(Expert) 23 August 2012
tadoption may be proved by probabilities, by conduct and admissions of the father and other relations. Further, where long time has elapsed, the burden may shift to the person disputing adoption especially where long recognition of adoption raises a presumption in favour of adoption. The same principal has been reiterated in the judgement reported AIR 1964 SC 136, in the case of A.Raghavamma and another vs. A.Chenchamma and another.
18.In the judgment reported in AIR 1970 SC 1286, in the case of Debi Prasad (dead) by L.Rs. vs. Tribeni Devi and others, it has held as follows: "Under Hindu Law the giving and receiving of a body are absolutely necessary to the validity of an adoption; they are the operative part of the ceremony, being that part of it which transfers the boy from one family to another; but the Hindu law does not require that there shall be any particular from so far as giving and acceptance are concerned; for a valid adoption all that the law requires is that the natural father shall be asked by the adoptive parent to give his son in adoption, and that the boy shall be handed over and taken for this purpose.
This burden of proving satisfactorily that he was given by his natural father and received by the adoptive father as his adoptive son is on the alleged adopted son. But although the person who pleads that he had been adopted is bound to prove his title as adopted son, as a fact yet from the long period (nearly 54 years in this case) during which he had been received as an adopted son, every allowance for the absence of evidence to prove such fact is to be favourably entertained.
Where it is alleged that the boy was adopted on the day of his birth, the evidence of the by on the question of the ceremony of actual giving and taking is hearsay.
In the case of a Hindu, long recognition as an adopted son, raises a strong presumption in favour of the validity of his adoption, arising from the possibility of the loss of his rights in his own family by being adopted in another family. In the case of an ancient adoption evidence showing that the boy was treated by relations, including the person who later on challenges the same, for a long time as the adopted son at the time when there was no controversy is sufficient to prove the adoption although evidence of actual giving and taking is not forthcoming.
In the case of all ancient transactions, it is but natural that positive oral evidence will be lacking. In the case of an adoption said to have taken place years before the same is questioned, the most important evidence is likely to be that the alleged adoptive father held out the person claiming to have been adopted as his son; the latter treated the former as his father and their relations and friends treated them as father and son. There is no pre- determined way of proving any fact. If after taking an overall view of the evidence adduced in the case, the Court is satisfied that the adoption pleaded is true, it must necessarily proceed on the basis, in the absence of any evidence to the contrary, that it s a valid adoption as well."
19.In AIR 1983 SC 114 in the case of Madhusudan Das vs. Smt Narayani Bai and others, the same principles has been reiterated.
20.In the judgment reported in 1997(II) CTC 571, in the case of Thavamani vs. The Special Tahsildar (ADW), Devakottai and another, it has been held that "a very heavy and serious onus rests on a person who seeks to displace the natural succession to property by the act of an adoption. In such a case the proof of adoption as well as of the power to adopt of the adopter requires almost a strict and severe scrutiny
Adv.R.P.Chugh
(Expert) 23 August 2012
Endorsing what Ld.Sethi Ji has said. An adoption need not necessarily be registered or even by a deed. Since such formality is not required, if there has been a long established relationship, and the child was represented to be the son and other conditions of a valid adoption have been met. For eg : child was below 15 when adopted - unmarried. Person adopting had no son/son's son, and consent of his wife was obtained. All these requirements if met. Adoption is valid.
R.K Nanda
(Expert) 24 August 2012
No, it is not mandatory.
