Adoption

Question 1

requisites of a valid adoption

Answer 1

Sec 6
person who is adopting has the capacity and has the right to do so
person giving in adoption has the capacity to do so
person adopted is capable of being adopted
adoption is done in accordance with all the other requisites mentioned in the act

Question 2

capacity of male hindu to take in adoption

Answer 2

sec 7

Question 3

capacity of female hindu to take in adoption

Answer 3

sec 8

Question 4

after which act did male and female get equal right to adopt

Answer 4

Personal Laws (Amendment) Act 2010

Question 5

Consent of wife is mandatory for adoption, should be in writing or some affirmative action

Answer 5

Ghisalal v Dhapubai
Siddaramappa v. Gouravva

Question 6

who are the persons capable of giving in adoption

Answer 6

Sec 9
father or mother can give (with consent of the other)
if father or mother are incompetent to give then guardian may give (with permission of court)

Question 7

who are capable of being adopted

Answer 7

sec 10
should be a hindu
should not be adopted already
not been married
not completed the age of 15 (but if custom allows it then exemption can be made)

Question 8

other valid conditions for adopting

Answer 8

section 11
for son: must not have son, or son’s son or son’ son’s son
(same for daughter)
if adopting a child of opposite sex then 21 years age gap should be there
same child cannot be adopted simultaneously

Question 9

what is the effect of adoption

Answer 9

section 12
all ties w prev fam severed
adopted child still cant marry someone they could not marry before
property vested in him is still his (before adoption property)
cannot divest in property already vested before their adoption
child also gets adoptive parents caste

Question 10

Child gets adoptive parents caste

Answer 10

Khazan Singh v UOI

Question 11

right of adoptive parents to dispose of their property

Answer 11

section 13
same as before, they can choose to gift their property etc

Question 12

Determination of adoptive mother

Answer 12

section 14
oldest wife adoptive mother, rest stepmother
in case of widower or bachelor, whoever he marries will become stepmother

Question 13

valid adoption not to be cancelled

Answer 13

section 15

Question 14

presumption as to registered documents relating to adoption

Answer 14

section 16

Question 15

prohibition of certain payments

Answer 15

section 17
punishable up to 6 months and/or one year fine

Question 16

factum of proof of adoption
joint bank statements not valid proof

Answer 16

nilima mukherjee v kanta bhushan ghost

also Suma Bewa v KB Nayak

Question 17

limitation to challenge adoption

Answer 17

Siddalingaiah v HK Kariappa

Question 18

Age requirement (allowed if caste customs allow)

Answer 18

Uma Prasad v Padmavati

Question 19

Adopted child to be Hindu

Answer 19

Kumar Sursen v State of Bihar

Question 20

kafala

Answer 20

sponsorship under muslim law

Question 21

provisions of adoptions for non hindus under guardians and wards act

Answer 21

can take the child ‘guardianship’
child becomes ward
no longer a ward after 21
do not get automatic right of inheritance

Question 22

JJ Act adoption definition

Answer 22

Sec 2(aa)
process through which the child is permanently separated from bio family and becomes legitimate child of adoptive family and gets all rights and responsibilities

Question 23

a widow has no right to adopt when her daughter-in-law is alive.

Answer 23

Ningaappa v. Shivappa
Gurunath v. Kamlabai
Ashabai Kate v. Vithal Bhika Nade

Question 24

no right to divest in suit properties vested in defendants prior to the adoption

Answer 24

Kisan Baburao Memane v. Suresh Sadu Memane

Question 25

Adoptive Parents Rights to Dispose of Property not Affected

Answer 25

Chiranjilal Srilal Goenka v. Jasjit Singh

Question 26

OAS child

Answer 26

Orphaned abandoned and surrendered child

Question 27

child of upper caste fam adopted by lower caste (reason of adoption matters)

Answer 27

Sailaja v Kurnool Medical College
(they were trying to get a caste certificate)