in muslim adoption is valid

ashwinisavishnainwar (Querist) 28 March 2010 This query is : Resolved
plantiff make a case for possestion def plea is that def was adopted son of plantiff father mother there forefathers come from rajastan they follow the customs of hinduwhen def was 4 yrs old he wae given in adoption to prove his adoption he placed driving certificate election card school leaving leaving certificate he was know by name of adopted father his admother made will in his favour ado father is died having two properties in will of mather stated that he is my son he was doing all things for me therfohouse in name of my son one field wasgiven to my daughter she leaving in matirmonal homa given her gold oranements moneytherfore house property was given to son .there is gift deed in resrect of same property in favour of son made by mather reqnish deed in favour of brother made by plantif both doc are not registrd court held that in muslim law adoption is not valid therefofe give the possestion of house.we go in apple we have a documents to show he was adopted son .give ma some gudlines to make case strong some judgements

Follow Query

Report Abuse

A V Vishal (Expert) 28 March 2010
Personal law of Muslims does not recognise complete adoption. As non-Hindus do not have an enabling law to adopt a child legally, those desirous of adopting a child can only take the child in 'guardianship' under the provisions of The Guardian and Wards Act, 1890.

This however does not provide to the child the same status as a child born biologically to the family. Unlike a child adopted under the Hindu Adoption and Maintenance Act, 1956 the child cannot become their own, take their name or inherit their properly by right. This Act confers only a guardian-ward relationship. This legal guardian-ward relationship exists until the child completes 21 years of age.

Adoption is the transplantation of a son from the family in which he is born, into another family by gift made by his natural parents to his adopting parents. Islam does not recognise adoption. In Mohammed Allahabad Khan v. Mohammad Ismail it was held that there is nothing in the Mohammedan Law similar to adoption as recognized in the Hindu System. Acknowledgement of paternity under Muslim Law is the nearest approach to adoption. The material difference between the two can be stated that in adoption, the adoptee is the known son of another person, while one of the essentials of acknowledgement is that the acknowledgee must not be known son of another. However an adoption can take place from an orphanage by obtaining permission from the court under Guardians and wards act.