Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed - Validity - Adoption deed valid and registered one - Subsequent conduct of adoptive father cannot invalidate a valid adoption...........
Hindu Adoptions and Maintenance Act, 1956, Section 12 -- Adoption - Effect of adoption - Vested interest - Adoptee on adoption ceases to be coparcener of his/her birth and forgoes interest in ancestral property in the family of his birth - Only if a partition has taken place before adoption and property is allotted to his share or self acquired, obtained by Will, inherited..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Registered adoption deed - Presumption as to - Adoptive father was not in a fit condition to give free consent at the time of adoption - Both adoptive father and natural father did not even know contents of deed - It is thus, wrongly mentioned in deed that adoption deed has been written after hearing and..........
Registration of Births and Deaths Act, 1969, Section 15, 30 -- Modification/re-issue of birth certificate of minor - Change of name of biological father - Adoption of minor - Name of biological/natural father of child in her birth certificate cannot be changed even though child given in adoption, particularly, when T.N Rules provides for incorporating name of adoptive..........
Hindu Adoptions and Maintenance Act, 1956, Section 6, 7, 11 -- Adoption - Validity - Partition suit - Plaintiff admitted in her evidence that she has no proof of ceremony of giving and taking of her in adoption - Admittedly, there is no pleading in plaint regarding adoption being in accordance with provisions of the Act - Adoptive mother of plaintiff categorically stated..........
Hindu Succession Act, 1956, Section 8, 4, 3(a), (e) -- Property of adoptee inherit from adoptive family - Children born to adoptee before his adoption entitled to inherit his property in adoptive family, as Act do not make any distinction between son born to a father prior or after adoption of his father - Since there was a full blood relationship between three sons (born..........
Evidence Act, 1872, Section 58, 17 -- Admission - Adoption - Partition suit - Judicial admission of earlier suit on record that plaintiff is adopted son of one `M', which was reinforced by admissions of PW2, plaintiff's own witness - PW2 admitted that said `M' had no issues and about 40-50 years back, `M' adopted plaintiff and properties of `M' were given to plaintiff -..........
Hindu Adoptions and Maintenance Act, 1956, Section 10(iii), (iv) -- Customary adoption - Adoption made as per customary law of Punjab, as admitted by parties - Custom was fully legal and valid - Even otherwise, as per registered adoption deed, adoption was also in accordance with the Act, as adoption made when adoptee was only 9 or 10 years of age - Adoption deed was duly..........
Civil Procedure Code, 1908, Order 6, Rule 2 -- Pleadings - Adoption - Adoptee/defendant taken a specific plea that parties are governed by customary law and his adoptive father was competent to take him in adoption in accordance with law - Said plea was never controverted - Plaintiff failed to utter a single word regarding adoption when he appeared as his own witness -..........
Hindu Law -- Coparcenary property - Adoptive son takes a legal birth in the adoptive family at the time of his adoption and accordingly gets a right in property of his adoptive father as much as a natural born son...........
