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Was there mandatory to Register the adoption before 1960?
If yes in which office I need to search for the document? If no what are the other ways to prove adoption? 

My father in all his records are having the name of the person who adopted

And one joint RTC is having My father name Adopted father name adopted Surname and Name of Adopted Mother ..can this be used to prove adoption?
Asked 3 years ago in Property Law
Religion: Hindu

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8 Answers

Registration of deed of adoption is optional 

 

2) for valid adoption there needs to be giving and taking ceremony 

 

3) The Supreme Court made it clear that after Act of 1956 came into force, the two essential conditions, i.e. the consent of the wife and the actual ceremony of adoption will have to be proved in order to establish a valid adoption 

Ajay Sethi
Advocate, Mumbai
97809 Answers
7925 Consultations

You need to examine independent witnesses in whose presence rites and rituals for adoption was done 

Ajay Sethi
Advocate, Mumbai
97809 Answers
7925 Consultations

Though registration of adoption deed was essential to prove the adoption,  in the absence of any such registered document, you may produce evidence to prove traditional or customary adoption and attach the documents denoting the relationship between the adopted and adoptive, namely school certificate or any other governmental identity proofs having both the names mentioned specifying their relationship. 

 

T Kalaiselvan
Advocate, Vellore
88011 Answers
2370 Consultations

You may rely upon the documents which contain the names of both the adopted and the adoptive parents 

In the absence of a registered adoption deed you may have to rely upon certain governmental documents or educational certificates. 

T Kalaiselvan
Advocate, Vellore
88011 Answers
2370 Consultations

Dear Client,

It is mandatory to register the adoption as per the guidelines of the Hon'ble Supreme Court and the provisions provided under the Hindu Adoption and Maintenance Act, 1956.

It is advisable to produce evidence in order to prove traditional and customary adoption and documents that would help the procedure in these circumstances.

Thank you. 

Anik Miu
Advocate, Bangalore
10479 Answers
121 Consultations

If it's a adoption deed then it will be registered at sub registrar office but i guess there are very less changes of the deed of 1960 to be registered. If all are dead then you need to prove the same through documents and witnesses who knows about the same

Prashant Nayak
Advocate, Mumbai
33092 Answers
215 Consultations

Dear Sir,

Even unregistered adoption deeds and conduct of the parties in respect of adoption will be looked into by the course as adoption was not mandatory before 1960. Thus, you have to accumulate and secure different documents and lead oral and documentary evidence in respect of adoption.

 

Kishan Dutt Kalaskar
Advocate, Bangalore
6193 Answers
493 Consultations

- As per Section 17 of the registration Act, the registration of adoption deed is not mandatory. 

- Further ,as per Section 16 of the Hindu Adoption and Maintenance Act, 1956 ,whenever any document registered under any law for the time being in force is produced before any Court purporting to record an adoption made and is signed by the person giving and the person taking the child in adoption, the Court shall presume that the adoption has been made in compliance with the provisions of this Act unless and until it is disproved.

- Hence , if the documents produced by your father is under challenge then the onus on the party challenging the registered adoption deed to disprove the claim of adoption.

Mohammed Shahzad
Advocate, Delhi
14885 Answers
225 Consultations

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