Hindu Law -- An adoption of a son does not deprive the adoptive mother of the power to dispose of her separate property by transfer or by will...........
Punjab Customary Law -- Customary formal adoption is different from secular adoption - It confers status of son and right to succeed to collaterals of adoptive father on the adopted son - It can be made as per customary form - No Hindu Law ritual is necessary...........
Hindu Adoptions and Maintenance Act, 1956, Section 4 -- Customary adoption - No scope after coming into force of Act - Validity of adoption before this Act has to be determined with reference to law or custom as it stood before coming into force of the Act. AIR 1975 S.C. 784 followed...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption - For a valid adoption, the physical act of giving and taking is an essential requisite, a ceremony imperative in all adoptions whatever the caste - This requisite is satisfied in its essence only by the actual delivery and acceptance of the boy, even though there exists an expression of consent or an..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption - Proof - Should be free from all suspicion of fraud and so consistent and probable as to give no occasion for doubting its truth - Fact of adoption must be proved in the same way as any other fact...........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Registered deed of adoption - General presumption is that adoption has been validly made in compliance with the provisions of the Hindu Adoptions and Maintenance Act, 1956 until it is disproved...........
Hindu Adoptions and Maintenance Act, 1956, Section 5, 6, 11 -- Adoption - Adoption of a son where adoptive father or mother by whom the adoption is made has 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 - Where a son became a outcast or renounced Hindu religion, his father becomes..........
Hindu Law -- Adoption - An adopted son does not have any share in property of his natural ancestors or father - Hence question of property being ancestral or self-acquired of his natural father is of no importance...........
Hindu Adoptions and Maintenance Act, 1956, Section 12(c) -- Adoption - Adopted child shall not divest any person of any estate, which vested in him or her before the adoption...........
Hindu Law -- Adoption - Person taking plea of adoption has to prove it - Adoption, in the instant case, said to be of Magha 1953 - No tithi or date stated - Witnesses in favour of adoption found unreliable - Circumstances being against adoption - Documents supporting adoption written 10 years after adoption - Features of document showing to be forged and unreliable -..........
