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...and Smt. Nanki 70-years old at the time of adoption on 29-1-1974. So this requirement fulfils itself in the act of adoption under assail.10. Section 11(vi) Hindu ....8. I will examine some related requisites in relation to adoption. Section 11(iv) Hindu Adoption and Maintenance Act, 1956 sta...”—the words of Section 11(vi) of Adoption Act. The effect of adoption is that adopted child is deemed to be the child of adoptive mother with effect from the date of the...
...Section 11 of the Hindu Adoption and Maintenance Act, 1956 is to be considered. Section 11(vi) of the Hindu Adoption and ..., hence disbelieved the adoption deed. Further the Trial Court assigned the reason that, as per Section 90 of the Indian Evidence Act, presumption can be raised regarding execution of the document over... (iv) xxxx (v) xxxx (vi) The child to be adopted must be actually given and taken in adoption by the parents or guardian concerned or under their...
...dated 9.1.2004 regarding adoption, you are hereby informed that the adoption is not acceptable Under
Section 11(vi) of the Hindu Adoption and ...of love and affection as they have only two sons and no daughter. The adoption deed was duly executed on 17.6.2002 (Annexure P-2) through their Special Power of Attorney, Shivraj Singh Sidhu. He had...petitioner also showed the Law Officer the file containing the adoption deed as well as the Special Power of Attorney and other relevant papers. After examining the same, the Law Officer assured the...
...Shri Dwarka Prasad Mishra and Smt. Uma Devi. Hence, the adoption deed dated 05.02.2000 filed by the applicant is not legal and valid under Section 11 (vi) and 10 (iv) of the ...later on the adoption deed was put in writing as per law and has been registered as per law also.
9. As per Hindu Adoption and Maintenance Act ...
under Section 16 of Hindu Adoption and Maintenance Act, 1956 which is reproduced as under:-
...
...was also accepted by the decisions of this Court and consequently accepted the customary adoption. Having considered so, the Court below found that the adoption was in contravention of Section 11(...connection, it is useful to refer to Section 11 of the said Act, which reads as under.“Section 11: Other conditions for a valid adoption—In every adoption, the following c...“S.V. Gupta” on Hindu Law and found that the delegation of power only could be to the person giving and not to the person receiving. Consequently, he held that the adoption is not valid. In this...
...was also accepted by the decisions of this Court and consequently accepted the customary adoption. Having considered so, the Court below found that the adoption was in contravention of Section 11(...connection, it is useful to refer to Section 11 of the said Act, which reads as under.“Section 11: Other conditions for a valid adoption—In every adoption, the following c...“S.V Gupta” on Hindu Law and found that the delegation of power only could be to the person giving and not to the person receiving. Consequently, he held that the adoption is not valid. In this...
...(iv), Section H(iv) and Section 11(vi) of the Hindu Adoption and Maintenance Act, 1956 (for short “the Act”).3. The und...have been held that the adoption in law was invalid and illegal as the mandatory provisions of Sections 4, 5, 10 and 11 of the Hindu Adoption Act of ...Section 16 of the Hindu Adoptions and Maintenance Act the presumption is raised that adoption has been made in co...
..., have submitted that the case of applicant was rejected first time on 18.01.2000 (Annexure R-3) on the ground that the said adoption deed does not fulfill the requirement of Sub Section (vi) of Section 11...submitted that the adoption of the applicant does not fulfill the requirement under Rule 11 (vi) of Adoption Act as actual give and take of the adopted son does not appe...Rule 11 (vi) of the Adoption Act. In this regard, Rule 11 (vi) is reproduced as under: 11(vi) The child to be adopted must be actually given ...
...act of giving and taking the plaintiff in adoption as reiterated in several rulings of this Court. It is to be noted that the ingredients required under Section 11(vi) of ...to be proved satisfactorily. Under Section 16 of the Hindu Adoption and Maintenance Act, (1956) only when the adoption is...Section 12 of Hindu Adoptions and Maintenance Act, (1956). The plaintiff had ample opportunity to prove the factu...
...showing that she was duly adopted by late Sadhu Ram. The High Court has reversed the finding of the trial court relying upon Section 11(vi) of the Hindu Adoptions and Maintenance Act, ...in adoption by Sadhu Ram and Shankari Devi.”5. We find that the approach adopted by the High Court is unsustainable. The evidence of the appellant...daughter as per evidence of PW 2 Vijay Kapoor.6. We cannot lose sight of the principle that though the factum of adoption and its validity has to be duly proved and...
...father and mother are Maiyadeen Pandey and Smt. Vimla Pandey. As per unregistered adoption deed dated 10.08.2012, the adoptee father of the applicant is Shri Parashuram Pandey. As per Section 11 (....
6. Section 10(IV) of the Hindu Adoptions & Maintenance Act, 1956 clearly bars adoption of a boy more than 15 years of age. Further, under Section...
which time the applicant had crossed the age of 15 years, the same is not valid under Section 6 of the Hindu Adoptions & Maintenance Act, 1956 and is void under...
...the provisions of Section 11 (vi) and 12 of the Hindu Adoption and Maintenance Act, 1956, because the applicant is still residing in his original family. In add.... Justice Om Prakash-VII, Member (J)
The present O.A. has been filed under Section 19 of the AT Act, with the following reliefs:-
a) To.... The adoption deed was not presented before the Railway Administration by late Smt. Dhanpati Devi during her life time and has been presented after a lapse of six years and it has not been executed...
...Harnek Singh Vs. Pritam Singh & Others, reported in (2013) 4 SCC 458, while considering the provisions of Section 10(iii) and Section ...Section 11(iv) of the Hindu Adoptions and Maintenance Act, 1956. Therefore, in the absence of any materi...same and in view of the provisions section 10 of the Hindu Adoption and Maintenance Act, 1956, the alleged adoption is invalid and ul...
...considering the provisions of Section 10(iii) and Section 11(vi) of the Hindu Adoption and Maintenance Act, 1956, has held t.... Therefore, the trial court has recorded a finding that in view of
provisions of Section 10(1)(iii) of the Hindu Adoption and Maintenance Act, 1956, the ...provisions section 10 of the Hindu Adoption : 17 : and Maintenance Act, 1956, the alleged adoption is invalid and ultimately confirmed the jud...
...of consent by one of the parents, the adoption is not valid in view of Section 11(vi) of the Hindu Adoption and Maintenance Act, 1956....Section 10(iv) of the Hindu Adoption and Maintenance Act, 1956 a child above the age 15 years cannot be taken in adoption unless a custom permitting th.... Elaborate arguments have been made from both sides. It is true as contended by the respondents that as per Section 16 of the Hindu Adoption and Maintenance Act, ...
...settled legal position governing the adoption.8. Section 11(vi) of The Hindu Adoptions and Maintenance Act, 1956 provides that the child to be adopted mus...the actual giving and taking as envisaged under Section 11(vi) of The Hindu Adoptions and Maintenance ...held that in absence of the evidence that the plaintiff was actually given and taken in adoption by the parents or guardians of the plaintiff as required under Section 11(vi), adoption cannot be h...
...Hindu Adoption and Maintenance Act, 1956, giving and taking ceremony is essential. The respondent has not produced even an iota of evidence in this regard. ...only be a dependent of the deceased and none else. As per Section 2 Clause (1) (d) of the Workmen's Compensation Act, 1923, even an adopted son comes within the purview of...?(ii) Whether the adoption of the respondent stands legally proved?4. After having subjected the evidence to a closet scrutiny and having heard the counsel for the parties at a...
...Section 11(vi) of the Hindu Adoptions and Maintenance Act, 1956 (hereinafter referred to as the...essential requirements of establishing a valid adoption is the factum of giving and taking in adoption, in terms of Section 11(vi) of the HAM Act, and the several decisions of th...1970 SC 1286, that the Hindu law however does not require that there shall be any particular form so far as giving and acceptance are concerned. For a valid adoption, all that the law requires is...
.... Neither the date of adoption is given nor the customs/procedure that were purportedly followed.
15. As rightly taken note of by the First Appellate Court as per Section 11(vi) of th...entire theory of oral adoption is suspicious. The evidence of the said witnesses is not in conformity with the provisions of Section 50 of the Evidence Act.
(b) That DW...constitute a valid adoption, the physical act of giving and taking between the natural family and the adoptive family of the child is essential...
...(1) of the Hindu Minority & Guardianship Act; Section 11(vi) of the Hindu Adoption & Maintenance Act, 1956 have all found mention in the context of the...every aspect of a rather complex case involving gift, adoption, succession and inheritance.4. The principles of Hindu Succession (Amendment) Act, 2005 Section 6 of the...Hindu Succession Act, 1956 providing for devolution of interest in coparcenary property have been discussed in graphic detail supported by many judicial precedents pre and post independence...