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Section 11 - Other conditions for a valid adoption : Hindu Adoptions and Maintenance Act 1956

What are the Other conditions for a valid adoption Section 11 of Hindu Adoptions and Maintenance Act, 1956

 

 

 

Section 11 of Hindu Adoptions and Maintenance Act 1956 : "Other conditions for a valid adoption"

11. 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 whom the adoption is made must not have a Hindu daughter or son's daughter (whether by legitimate blood relationship or by adoption) living at the time of adoption;

(iii) if the adoption is by a male and the person to be adopted is a female, the adoptive father is at least twenty-one years older than the person to be adopted;

(iv) if the adoption is by a female and the person to be adopted is a male, the adoptive mother 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 birth or in the case of an abandoned child or a 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 an adoption.

 

HINDU ADOPTIONS AND MAINTENANCE ACT 1956

Section 2 - Application of Act

Section 3 - Definitions

Section 4 - Overriding effect of Act

CHAPTER II ADOPTION

Section 5 - Adoptions to be regulated by this Chapter

Section 6 - Requisites of a valid adoption

Section 7 - Capacity of a male Hindu to take in adoption

Section 8 - Capacity of a female Hindu to take in adoption

Section 9 - Persons capable of giving in adoption

Section 10 - Persons who may be adopted

Section 11 - Other conditions for a valid adoption

Section 12 - Effects of adoption

Section 13 - Right of adoptive parents to dispose of their properties

Section 14 - Determination of adoptive mother in certain cases

Section 15 - Valid adoption not to be cancelled

Section 16 - Presumption as to registered documents relating to adoption

Section 17 - Prohibition of certain payments

CHAPTER III MAINTENANCE

Section 18 - Maintenance of wife

Section 19 - Maintenance of widowed daughter-in-law

Section 20 - Maintenance of children and aged parents

Section 21 - Dependants defined

Section 22 - Maintenance of dependants

Section 23 - Amount of maintenance

Section 24 - Claimant to maintenance should be a Hindu

Section 25 - Amount of maintenance may be altered on change of circumstances

Section 26 - Debts to have priority

Section 27 - Maintenance when to be a charge

Section 28 - Effect of transfer of property on right to maintenance

CHAPTER IV REPEALS AND SAVINGS

Section 29 - Repeals

Section 30 - Savings

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