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Home Bare Acts Phrase: adoptHindu Adoptions and Maintenance Act, 1956 Chapter II
Title: Adoption
State: Central
Year: 1956
.....by Act 45 of 1962, section 3, for sub-section (4). 3. The word "and" omitted by Act 45 of 1962, section 3. 4. Inserted by Act 45 of 1962, section 3. 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. Section 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 the 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.....
View Complete Act List Judgments citing this sectionHindu Adoptions and Maintenance Act, 1956 Section 11
Title: Other Conditions for a Valid Adoption
State: Central
Year: 1956
.....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 persons; (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 birth1[or in the 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. ___________________________ 1. Inserted by Act 45 of 1962, section 4.
View Complete Act List Judgments citing this sectionHindu Adoptions and Maintenance Act, 1956 Complete Act
Title: Hindu Adoptions and Maintenance Act, 1956
State: Central
Year: 1956
Preamble1 - HINDU ADOPTIONS AND MAINTENANCE ACT, 1956 Chapter I Section1 - Short title and extent Section2 - Application of Act Section3 - Definitions Section4 - Overriding effect of Act Chapter II Section5 - Adoptions to be regulated by this Chapter Section6 - Requisites of a valid adoption Section7 - Capacity of a male Hindu to take in adoption Section8 - Capacity of a female Hindu to take in adoption Section9 - Persons capable of giving in adoption Section10 - Persons who may be adopted Section11 - Other conditions for a valid adoption Section12 - Effects of adoption Section13 - Right of adoptive parents to dispose of their properties Section14 - Determination of adoptive mother in certain cases Section15 - Valid adoption not to be cancelled Section16 - Presumption as to registered documents relating to adoption Section17 - Prohibition of certain payments Chapter III Section18 - Maintenance of wife Section19 - Maintenance of widowed daughter-in-law Section20 - Maintenance of children and aged parents Section21 - Dependants defined Section22 - Maintenance of dependants Section23 - Amount of maintenance Section24 - Claimant to maintenance should be a Hindu.....
List Judgments citing this sectionHindu Adoptions and Maintenance Act, 1956 Section 9
Title: Persons Capable of Giving in Adoption
State: Central
Year: 1956
....."mother" do not include an adoptive father and an adoptive father and an adoptive mother; 3 [* * *] 4 [(ia) "guardian" means a person having the care of the person of a child or of both his person and property and includes- (a) a guardian appointed by the will of the child's father or mother; and (b)a guardian appointed or declared by a court; and] (ii) "court" means the city civil court or a district court within the local limits of whose jurisdiction the child to be adopted ordinarily resides. ___________________________ 1. Substituted by Act 45 of 1962, section 3, for "sub-section (3)". 2. Substituted by Act 45 of 1962, section 3, for sub-section (4). 3. The word "and" omitted by Act 45 of 1962, section 3. 4. Inserted by Act 45 of 1962, section 3.
View Complete Act List Judgments citing this sectionHindu Adoptions and Maintenance Act, 1956 Section 12
Title: Effects of Adoption
State: Central
Year: 1956
An adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes 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 shall be deemed to be severed and replaced by those created by the adoption in the adoptive family: Provided that- (a) the child cannot marry any person whom he or she could not have married if he or she had continued in the family of his or her birth; (b) 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; (c) the adopted child shall not divest any person of any estate which vested in him or her before the adoption.
View Complete Act List Judgments citing this sectionHindu Adoptions and Maintenance Act, 1956 Section 14
Title: Determination of Adoptive Mother in Certain Cases
State: Central
Year: 1956
(1) Where a Hindu who has a wife living adopts a child, she shall be deemed to be the adoptive mother. (2) Where an adoption has been made with the consent of more than one wife, the seniormost in marriage among them shall be deemed to be the adoptive mother and the others to be step-mothers. (3) Where a widower or a bachelor adopts a child, any wife whom he subsequently marries shall be deemed to be the step-mother of the adopted child. (4) Where a widow or an unmarried woman adopts a child, any husband whom she marries subsequently shall be deemed to be the step-father of the adopted child.
View Complete Act List Judgments citing this sectionHindu Adoptions and Maintenance Act, 1956 Section 6
Title: Requisites of a Valid Adoption
State: Central
Year: 1956
No adoption shall be valid unless- (i) the person adopting has the capacity, and also the right, to take in adoption; (ii) the person giving in adoption has the capacity to do so; (iii) the person adopted is capable of being taken in adoption; and (iv) the adoption is made in compliance with the other conditions mentioned in this Chapter.
View Complete Act List Judgments citing this sectionHindu Adoptions and Maintenance Act, 1956 Section 5
Title: Adoptions to Be Regulated by This Chapter
State: Central
Year: 1956
(1) No adoption shall be made after the commencement of this Act by or to a Hindu except in accordance with the provisions contained in this Chapter, and any adoption made in contravention of the said provisions shall be void. (2) An adoption which is void shall neither create any rights in the adoptive family in favour of any person which he or she could not have acquired except by reason of the adoption, nor destroy the rights of any person in the family of his or her birth.
View Complete Act List Judgments citing this sectionHindu Adoptions and Maintenance Act, 1956 Section 10
Title: Persons Who May Be Adopted
State: Central
Year: 1956
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.
View Complete Act List Judgments citing this sectionHindu Adoptions and Maintenance Act, 1956 Section 7
Title: Capacity of a Male Hindu to Take in Adoption
State: Central
Year: 1956
Any male Hindu who is of sound mind and is not a minor has the capacity to take a son or a daughter in adoption: Provided that, if he has a wife living, he shall not adopt except with the consent of his wife unless the wife has completely and finally renounced the world or has ceased to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind. Explanation.--If a person has more than one wife living at the time of adoption, the consent of all the wives is necessary unless the consent of any one of them is unnecessary for any of the reasons specified in the preceding proviso.
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