Section 5 Hindu Adoptions and Maintenance Act 1956 - Adoptions to be Regulated by Chapter II
Section 5 lays down the basic statutory rule for a Hindu adoption under the Hindu Adoptions and Maintenance Act, 1956. An adoption made after the commencement of the Act must comply with Chapter II. If it contravenes the provisions of that Chapter, the adoption is void.
Section 5 - Statutory text
5. Adoptions to be regulated by this Chapter.
(1) No adoption shall be made after the commencement of this Act by or to a Hindu except in accordance with the provisions contained in this Chapter, and any adoption made in contravention of the said provisions shall be void.
(2) An adoption which is void shall neither create any rights in the adoptive family in favour of any person which he or she could not have acquired except by reason of the adoption, nor destroy the rights of any person in the family of his or her birth.
Meaning and effect of Section 5
Section 5 is the gateway provision for adoptions governed by Chapter II of the Act. It does not by itself list every requirement for a valid adoption. Instead, it makes compliance with the adoption provisions in Chapter II compulsory.
Adoption must comply with Chapter II
Sub-section (1) provides that an adoption by or to a Hindu after the commencement of the Act must be made in accordance with Chapter II. The validity of an adoption therefore has to be considered together with the other applicable provisions of the Chapter, including the requisites of a valid adoption and the statutory rules concerning capacity, giving in adoption, persons who may be adopted and other conditions.
Consequence of a void adoption
If an adoption contravenes Chapter II and is therefore void, sub-section (2) addresses the legal consequence. The void adoption does not create rights in the adoptive family that arise only because of the purported adoption. At the same time, it does not destroy the rights of any person in his or her family of birth.
Related provisions for validity of adoption
Section 5 should be read with 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 and Section 11 - Other conditions for a valid adoption.
Who is covered by the Act?
The expression "Hindu" for purposes of this Act is governed by Section 2 - Application of Act. The Act applies to the persons and categories specified there, subject to the statutory exclusions and qualifications contained in that section.
Official legal source
For the consolidated text of the Hindu Adoptions and Maintenance Act, 1956, see the India Code - Hindu Adoptions and Maintenance Act, 1956, maintained under the Ministry of Law and Justice, Legislative Department.
This page provides general legal information about the statutory provision. The application of adoption law depends on the facts and the other applicable provisions of the Act.