Hindu Law College Notes For Exames

You might also like

Download as pdf or txt
Download as pdf or txt
You are on page 1of 2

S.

11- Following condition must comple with


Adoption- 1. if Son, Adoptive Father or mother by who the adoption is
Definition Essential of Vaild made,must not have a Hinduson, Son's Son or Son's Son's
Transplantion of a child
Adoption Son.
form the family form S.6-Capacity & Right 2. if Daughter, Father or Mother by whom the adoption is
his or she is born to to Adoption.- who is made, must have a Hindu daugher or Sons Daughter.
another family where giving and who is 3. If a fther adopting daugher the age of the adoptive
he is given by the tatking, comple with
other conditions. father 21 yrs older than the daugher.
natural parents
4. If a Mother adopting Son the age of the adoptive Mother
He treated as a new 21 yrs older than the Son.
born and aqurire rights
and duty and seases to 5. Same child can not be adotpted simulteneously by two
be all the rights and person.
duty form his natural Who may Adopt- 6. Child actualy giving and taking by theparent, gurdian, or
family under their authority with intent to transfer the cild form
birth family. Ceremony is not requried.

S.8-Addoption by Female
1. who is sound mind
2. Nod t minor.
3. Who is not married, if
S. 9Person capable of married whose married has
been desolved
person giving a child in
adoption

Ritht of Father right, if unsound, S.7- Adoption by Male-


not capable, monther can do that.
1. Sound mind.
Right of Gurdian- if bothe father
and mother are unsound of mind, 2. Not a minor. Capacity to adopt,
with the permision of court. Provided-
Adopted fatehr and mother can with consent of wife, or wifes, unless
not capable of givng in adoption. wife ceased to be Hindu or unsound of
mind.
Badrila v/s Bheru- Consent must be
obtain priror of adoptiont not vise
versa.
Bhooloo Ram v/s Ram Lal -In the case
of diorce consent not necessory but in
Judicial sepration necessory.

26
What are the legal effect of a valid Adoption

Adoption one of those function of law which have been marshaled for furtherance of the individual interest.

Law of adoption made a children less person enable to treat someone else children as their own, and all the
link severed from his or her previous family.

Section 12 put some condition of legal adoptions which are follows.

An adopted child shall deemed to be the child of his or her adoptive father or mother for all purpose with
effect from the date of the adoption and from such date all the ties of the child in the family of his or her
birth shal be deemed to be severed and replaced by those created by the adoption in the adoptive family-

Provided that

Degree of Prohibited Relation prohibition for marry-He or she could not married with his birth family
if he or she prohibited to marry, if he or she continued in the family.

Interest in the Property continue with obligation- any property which vested in the adopted child
before the adoption shall continue to vest in such person subject to the obligations, if any, attaching to the
ownership of such property including the obligation to maintain relatives in the family of his or her birth.

No divest of property not allowed- the adopted child shall not divest any person of any estate which vest
in him or her before the adoption.

27

You might also like