Hindu law adoption o 7 r 11
Arun Gupta
(Querist) 10 January 2012
This query is : Resolved
Dear Sir Good morning We have recently purchased a property in Delhi. After registration a woman claimed to be adopted daughter filed a suit with details of adoption as adopted in 1956 just after adoption (DOB 5/08/1956). My lawyer presented SC judgement 2006 M.Gurudas Vs Rasaranjan according to which daughters canot be adopted and asked for rejection of plaint by O 7 r 11. After hearing Mr. Justice reserved order for 1 Feb 2012.What are the chances??
ajay sethi
(Expert) 10 January 2012
AIR 2006 SC 3275, M. Gurudas & Ors. VS Rasaranjan & Ors.
To prove valid adoption, it would be necessary to bring on records that there had been an actual giving and taking ceremony. Performance of `datta homam' was imperative, subject to just exceptions.
it would depend upon facts of your case whether it meets the requirements of law laid down by suprem court under section 11 (ii)there is no bar for adoption of girl .
ajay sethi
(Expert) 10 January 2012
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 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.
11 Other conditions for a valid adoption
In every adoption, the following conditions must be complied with:
(i) if the adoption is of a son, the adoptive father or mother by whom adoption is made must not have a Hindu son, son's son or son's son's son (whether by legitimate blood relationship or by adoption) living at the time of adoption;
(ii) if the adoption is of a daughter, the adoptive father or mother by whom the adoption is made must not have a Hindu daughter or son's daughter (whether by legitimate blood relationship or by adoption)living at the time of adoption;
(iii) if the adoption is by a male and the person to be adopted is a female, the adoptive father is at least twenty one years older than the person to be adopted;
(iv) if the adoption is by a female and the person to be adopted is a male, the adoptive mother is at least twenty -one years older than the person to be adopted;
(v) the same child may not be adopted simultaneously by two or more person;
(vi) the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or under their authority with intent to transfer the child from the family of its birth 1[or in case of an abandoned child or child whose parentage is not known, from the place or family where it has been brought up] to the family of its adoption:
PROVIDED that the performance of datta homam shall not be essential to the validity of adoption.
Arun Gupta
(Querist) 10 January 2012
Dear Ajayji
The Hindu adoption act 1956 was made effective from 21 December 1956 while as per the plaint the adoption was done just after the birth in 1956 (DOB-05/08/1956).
Whereas the SC judgement refers to old Hindu law which specifically mention adoption of Boy in hindu's prevalent before 21st Dec 1956
ajay sethi
(Expert) 10 January 2012
then you have good chance to succeed
Arun Gupta
(Querist) 10 January 2012
Thank you very much
