Adoption....... Object....... Requirements........ Etc
- Basically object of adoption is religious to secure spiritual benefit to the adapter and for purpose of offering funeral cakes , libations of water to the soul of the adopter and his ancestor. Also to secure an heir and perpetuate the adopter's name.
- Devolution of property of adopter is only secondary object of adoption.
- It means object of adoption is for religious and secular.
- Requisites of adoption , Capacity of a male/female Hindu to take in adoption , Persons capable of giving in adoption , Person who may be adopted , Other conditions for valid adoption are mentioned in Section 6 to 11 of The Hindu Adoption & Maintenance Act 1956.
- After adoption all ties of adoptive child in his natural family severed and replaced in adoptive family in all respect.
- Valid adoption not to be cancelled.
- Receiving payment , rewards are prohibited in adoption.
- For valid adoption basically consent of both parents as well as ceremony of actual giving and taking in adoption are required conditions.
- A widow can not adopt if her pre deceased so leaving his widow.
- Property vested in adoptive child before his adoption shall continue to vest in subject to obligation if any attaching to it . Such vested property does not divest to his natural family.
----- - - Relevant Provision - - - - - -
- The Hindu Adoption & Maintenance Act 1956.
- The Uncodified Hindu Law provisions of adoption.
= = = = = Relevant Judgement = = = =
- M. Vanaja v/s M. Sarla Devi (dead) 2020(5) Mh.L.J. 507.
-Ghisalal v/s Dhapubai A.I.R.2011 S.C.644 = 2011 SAR 162.
- Laxmibai Thur v/s Bhagwanthbuva Thur A.I.R.2013 S.C.1204 = 2013 SAR 243.
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