SlideShare a Scribd company logo
1 of 32
SUCCESSION ADOPTION
&
MINOR’S GUARDIANSHIP
of
HINDU’S
DEEPTI K K
MSW
succession
Hindu succession act 1956.
Extends to the whole of India expect
J&K.
This act applies to-
1) Any person who is a Hindu by
religion in any of its forms or
development.
2) To any person who is a Buddhist or
Jain or Sikh by religion.
3) To any other person who is not
Muslim or Christian parsi or Jew by
religion.
In the case of Males
The property of Hindu male dying
intestate, or without a will, would be
given first to heir’s within the class1.
If there are no heir’s in class 1the
property will be given heir’s within
class 11. If there are no heir’s in
class 11 the property will given to the
agnates or relatives through male
lineage.
Class 11
1. Father son’s daughter’s son
2. Son’s daughter’s daughter son
3. Sister daughter son’s son
4. Daughter son’s daughter
5. Daughter’s daughter’s daughter
6. Brother’s son sister’s son
7. Brother’s daughter
In the case of Females
The property of a Hindu female dying
intestate, or without a will, shall
devolve,
1. Upon the son’s and daughter’s.
2. Upon the heir’s of the husband.
3. Upon the heir’s of the father
4. Upon the heir’s of the mother
Exceptions
1. Any person who commits murder is
disqualified from receiving any form
of inheritance from the victim
2. If a relative coverts to Hinduism he or
she is still eligible for inheritance.
3. The descendants of the converted
relative are disqualified from
receiving inheritance from their
Hindu relatives.
ADOPTION
Adoption is carried out in India under
different Acts. In India, adoption of
children by Hindu adults is governed
by the Hindu Adoption and
Maintenance Act, 1956 (referred as
“HAMA”)
There are other legislations which also
deal with the adoption:
1) The Guardians and Wards Act, 1890
(GAWA)
2) Juvenile Justice (Care and
Protection) Amendment Act, 2010
(J.J. Act)
Provisions
Under HAMA can adopt a child of each sex
but no two children of the same sex which
means
if having a son, can adopt only a female child
and vice-versa.
Non Hindu persons such as Muslims,
Christians, Paris and Jews etc are governed
by their own effected personal laws come
under GAWA, 1890.
Central Adoption Resource Authority (CARA)
also has provision regarding the adoption in
the Country it facilitates the inter-country
adoption and inter-religion adoption.
Why legal adoption
Legal adoption is provides an
extended security for the adopted
child. It ensures the status of the child
in the adoptive family. A legally
adopted child can enforce all his/her
rights in the Court of Law. On the
contrary, informal adoptions do not
carry any legal enforcement and are
gross violation of the law of the land.
As per Supreme Court of India’s
Direction, specific guidelines have
been laid down by the Central
Adoption Resource Authority
(CARA), the apex controlling body in
matter relating to adoption in India
under the Ministry of Women and
Child Development for legal
adoption of Indian Children.
Section 7 of the Act states Capacity
of a male Hindu to take in adoption
which states that
“any male Hindu who
is of sound mind and is not a minor
has the capacity to take a son or a
daughter in adoption.
Section 8 of the Act has been
amended in 2010 which serve the
purpose of equality when it comes to
taking consent with other spouse while
adopting a child. Section 8 (after
amendment in 2010) talks about
Capacity of a female Hindu to take in
adoption which reads as,
“Any female Hindu who is of sound mind
and is not a minor has the capacity to
take a son or daughter in adoption:
 Section 9 (2) of the Act have a
provision that the father or the
mother, if alive, shall have equal
right to give a son or daughter in
adoption.
1) According to the Act same sex child cannot be adopted in
the family. If any adoption is of son or daughter, the
adoptive father or mother by whom the adoption is made
must not have a Hindu son or daughter or son’s son or
son’s daughter (whether biological or by adoption) living
at the time of adoption.
2) 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;
3) 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;
4) a child can be adopted by a couples/single person only.
Who can adopt
1) You and your spouse are below 45 years of age
and your composite age does not exceed 90
years. If beyond 45, you will be required to adopt
an older child proportionately to the number of
years in excess of 45. In no case the age of
prospective adoptive parents (PAP) should exceed
55 years.
2.)Adoptive parents must be financially stable and
must have reasonable regular source of income.
3)They must be physically fit and mentally sound to
rear up a child.
4. )They must have a genuine motivation to adopt a
child.
No adoption shall be valid unless following
conditions are fulfilled:
(i) The person adopting has the capacity
and also the right, to take in adoption.
(ii) The person giving in adoption has the
capacity to do so.
(iii) The person adopted is capable of
being taken in adoption
(iv) The adoption is made in compliance
with the other conditions mentioned in
this act.
Person capable of giving
adoption1) No person except the father or mother or the guardian of a child shall have the capacity to
give the child in adoption.
(2) Where both the father and mother are dead or have finally renounced the world or have
abandoned the child or have been declared by a court of competent jurisdiction to be of unsound
mind or where the parentage of the child is not known, the guardian of the child may give the
child in adoption with the previous permission of the court to any person including the guardian
himself.
(3) Before granting permission to guardian for adoption the court shall be satisfied that the
adoption will be for the welfare of the child, due consideration being for this purpose given to the
wishes of the child having regard to the age and understanding of the child and that the applicant
for permission has not received or agreed to receive and that no person has made or given or
agreed to make or give to the applicant any payment or reward in consideration of the adoption
except such as the court may sanction.
Persons who may be adopted:
No person shall be capable of being taken in
adoption unless the following conditions are
fulfilled:
(i) He or she is a Hindu
(ii) He or she has not already be adopted earlier
(iii) He or she has not married unless there is a
custom or usage applicable to the parties which
permits persons who are married being taken in
adoption.
(iv) He or she has not completed the age of fifteen
years, unless there is a custom or usage applicable
to the parties which permits persons who have
completed the age of fifteen years being taken in
Today child adoption in India is being
governed by the Hindu Adoption and
Maintenance Act, 1956.
1. HAMA is not child oriented but parent
oriented It is a religion specific Act.
2. It does not allow adoption of two
children of the same sex by one adoptive
couple.
3. It does not allow for adoption of a child
of the same sex as the biological child.
4. The adoptive mother is only a
consenting party and not a joint
petitioner.
My Case
A child was adopted by a old couple when the man
was 53 and the he was a govt. employee. women was
45 old. The adopted child was only 6th std at that time.
After 5 year the man passed away and his wife got the
job. After few months lady become bedridden and her
husband’s sister came and stay with her and the boy.
Relatives were worried about the property will go to the
adopted boy. So relatives removed all documents of
adoption from the home and they made the bedridden
women forcefully to sign all the papers related to
property. Removal of adoption related papers made the
boy away from getting a job. At last he found the place
were the couple adopted him and he got his adopted
papers . Later he filed a case against the relatives and
got all property right.
Hindu Minority and
Guardianship
This Act applies-
(a) to any person who is a Hindu by religion in any
of its forms or developments, including a
Virashaiva, a Lingayat or a follower of the
Brahmo, Prarthana or Arya Samaj.
(b) to any person who is a Buddhist, Jaina or Sikh
by religion
(c) to any person resides in the territories to which
this Act extends who is not a Muslim, Christian,
Parsi, or Jew by religion, unless it is proved that
any such person would not have been governed
by the Hindu law or by any custom or usage as
part of that law in respect of any of the matters
dealt with herein if this Act had not been passed.
Notwithstanding anything contained in sub-
section (1), nothing contained in this Act shall
apply to the members of any scheduled Tribe
within the meaning of clause (25) of article
366 of the Constitution unless the Central
Government, by notification in the Official
Gazette, otherwise directs.
(3) The expression 'Hindu' in any portion of this
Act shall be construed as if it included a
person who, though not a Hindu by religion,
is nevertheless, a person to whom this Act,
applies by virtue of the provisions contained
in this section.
Definitions.- In this Act,-
a) "minor" means a person who has not completed
the age of eighteen years;
(b) "major" means a person having the care of the
person of a minor or of his property or of both
his person and property, and includes-
(i) a natural guardian,
(ii) a guardian appointed by the will of the
minor's father or mother,
(iii) a guardian appointed or declared by a court,
and
(iv) a person empowered to act as such by or
under any enactment relating to any court of
wards;
Powers of natural guardian
1) The natural guardian of a Hindu minor has power,
subject to the provisions of this section, to do all acts
which are necessary or reasonable and proper for the
benefit of the minor or for the realization, protection or
benefit of the minor's estate.
(2) The natural guardian shall not, without the previous
permission of the court,- (a) mortgage or charge, or
transfer by sale, gift, exchange or otherwise any part of
the immovable property of the minor or (b) lease any part
of such property for a term exceeding five years or for a
term extending more than one year beyond the date on
which the minor will attain majority.
The guardian so appointed by will has
the right to act as the minor's guardian
after the death of the minor's father or
mother, as the case may be, and to
exercise all the rights of a natural
guardian under this Act to such extent
and subject to such restrictions, if any,
as are specified in this Act and in the
will. The right of the guardian so
appointed by will shall, where the
minor is a girl, cease on her marriage.
Welfare of minor to be paramount
consideration.-
1) In the appointment of declaration of any
person as guardian of a Hindu minor by a
court, the welfare of the minor shall be the
paramount consideration.
(2) No person shall be entitled to the
guardianship by virtue of the provisions of
this Act or of any law relating to
guardianship in marriage among Hindus, if
the court is of opinion that his or her
guardianship will not be for the welfare of
the minor.
THANK

More Related Content

What's hot

Hindu succession act 1956
Hindu succession act 1956Hindu succession act 1956
Hindu succession act 1956Jatin230966
 
Right of Children Maintenance, Inheritance, Right of Illegitimate Children, A...
Right of Children Maintenance, Inheritance, Right of Illegitimate Children, A...Right of Children Maintenance, Inheritance, Right of Illegitimate Children, A...
Right of Children Maintenance, Inheritance, Right of Illegitimate Children, A...Legal
 
Adoption of child : Provisions of Indian Law
Adoption of child : Provisions of Indian LawAdoption of child : Provisions of Indian Law
Adoption of child : Provisions of Indian LawSUNEHA SHARMA
 
Distribution of Assets as per Christian Succession Laws
Distribution of Assets as per Christian Succession LawsDistribution of Assets as per Christian Succession Laws
Distribution of Assets as per Christian Succession LawsJatin230966
 
Right of succession of hindu woman under dayabhaga
Right of succession of hindu woman under dayabhagaRight of succession of hindu woman under dayabhaga
Right of succession of hindu woman under dayabhagaVineet Saha
 
Guidelines Governing Adoption of Children - CARA Guidelines
Guidelines Governing Adoption of Children - CARA GuidelinesGuidelines Governing Adoption of Children - CARA Guidelines
Guidelines Governing Adoption of Children - CARA GuidelinesLegal
 
Guardian and wards act,
Guardian and wards act,Guardian and wards act,
Guardian and wards act,mahesh lone
 
testamentary guardianship
testamentary guardianshiptestamentary guardianship
testamentary guardianshipAmulya Nigam
 
The hindu adoption and maintenance act, 1956
The hindu adoption and maintenance act, 1956The hindu adoption and maintenance act, 1956
The hindu adoption and maintenance act, 1956Rachana Chawda
 
Legitimacy, Legitimation and Adoption under Private International Law
Legitimacy, Legitimation and Adoption under Private International LawLegitimacy, Legitimation and Adoption under Private International Law
Legitimacy, Legitimation and Adoption under Private International Lawcarolineelias239
 
Succession in christians and parsis
Succession in christians and parsisSuccession in christians and parsis
Succession in christians and parsisShivani Sharma
 
Christian Law of Succession
Christian Law of SuccessionChristian Law of Succession
Christian Law of SuccessionRahul Yadav
 
Inheritance and Succession in Islamic law
Inheritance and Succession in Islamic lawInheritance and Succession in Islamic law
Inheritance and Succession in Islamic lawShivani Sharma
 
Christian Personal Laws
Christian Personal Laws Christian Personal Laws
Christian Personal Laws Divyae Sherry
 

What's hot (20)

Hindu succession act 1956
Hindu succession act 1956Hindu succession act 1956
Hindu succession act 1956
 
Right of Children Maintenance, Inheritance, Right of Illegitimate Children, A...
Right of Children Maintenance, Inheritance, Right of Illegitimate Children, A...Right of Children Maintenance, Inheritance, Right of Illegitimate Children, A...
Right of Children Maintenance, Inheritance, Right of Illegitimate Children, A...
 
Adoption of child : Provisions of Indian Law
Adoption of child : Provisions of Indian LawAdoption of child : Provisions of Indian Law
Adoption of child : Provisions of Indian Law
 
Distribution of Assets as per Christian Succession Laws
Distribution of Assets as per Christian Succession LawsDistribution of Assets as per Christian Succession Laws
Distribution of Assets as per Christian Succession Laws
 
Right of succession of hindu woman under dayabhaga
Right of succession of hindu woman under dayabhagaRight of succession of hindu woman under dayabhaga
Right of succession of hindu woman under dayabhaga
 
Acknowldgment
AcknowldgmentAcknowldgment
Acknowldgment
 
Guidelines Governing Adoption of Children - CARA Guidelines
Guidelines Governing Adoption of Children - CARA GuidelinesGuidelines Governing Adoption of Children - CARA Guidelines
Guidelines Governing Adoption of Children - CARA Guidelines
 
Guardian and wards act,
Guardian and wards act,Guardian and wards act,
Guardian and wards act,
 
testamentary guardianship
testamentary guardianshiptestamentary guardianship
testamentary guardianship
 
The hindu adoption and maintenance act, 1956
The hindu adoption and maintenance act, 1956The hindu adoption and maintenance act, 1956
The hindu adoption and maintenance act, 1956
 
Family
FamilyFamily
Family
 
Legitimacy, Legitimation and Adoption under Private International Law
Legitimacy, Legitimation and Adoption under Private International LawLegitimacy, Legitimation and Adoption under Private International Law
Legitimacy, Legitimation and Adoption under Private International Law
 
Sucession laws
Sucession lawsSucession laws
Sucession laws
 
Succession in christians and parsis
Succession in christians and parsisSuccession in christians and parsis
Succession in christians and parsis
 
Christian Law of Succession
Christian Law of SuccessionChristian Law of Succession
Christian Law of Succession
 
Legithmacy of a child
Legithmacy of a childLegithmacy of a child
Legithmacy of a child
 
Inheritance and Succession in Islamic law
Inheritance and Succession in Islamic lawInheritance and Succession in Islamic law
Inheritance and Succession in Islamic law
 
Christian Personal Laws
Christian Personal Laws Christian Personal Laws
Christian Personal Laws
 
Hindu law
Hindu lawHindu law
Hindu law
 
Child adoption laws in india
Child adoption laws in indiaChild adoption laws in india
Child adoption laws in india
 

Viewers also liked

Hindu law void marriages
Hindu law void marriagesHindu law void marriages
Hindu law void marriagesMohammed Haroon
 
Division of property on divorce In India
Division of property on divorce In IndiaDivision of property on divorce In India
Division of property on divorce In IndiaVarun Vaish
 
Specific performace act by a p randhir
Specific performace act  by a p  randhirSpecific performace act  by a p  randhir
Specific performace act by a p randhirArjun Randhir
 
Hindu marriage act 2012
Hindu marriage act 2012Hindu marriage act 2012
Hindu marriage act 2012Mahez Hasija
 
Law of limitation in criminal cases in gujarati
Law of limitation  in criminal cases in gujaratiLaw of limitation  in criminal cases in gujarati
Law of limitation in criminal cases in gujaratiArjun Randhir
 
Civil procedure udsm manual 2002
Civil procedure    udsm manual 2002Civil procedure    udsm manual 2002
Civil procedure udsm manual 2002Ndumula Mpanje
 
Family law succession to a Hindu male
Family law succession to a Hindu maleFamily law succession to a Hindu male
Family law succession to a Hindu maleamogh1010
 
IPC section 406 & 420 difference by a p randhir
IPC section 406 & 420 difference by a p randhirIPC section 406 & 420 difference by a p randhir
IPC section 406 & 420 difference by a p randhirArjun Randhir
 
The Narcotic Drugs and Psychotropic Substances Act, 1985
The Narcotic Drugs and Psychotropic Substances Act, 1985The Narcotic Drugs and Psychotropic Substances Act, 1985
The Narcotic Drugs and Psychotropic Substances Act, 1985HAQ: Centre for Child Rights
 
Exhibit of oral and documentory evidence
Exhibit of oral and documentory evidenceExhibit of oral and documentory evidence
Exhibit of oral and documentory evidenceArjun Randhir
 
Authority CPC order 7 rule 11
Authority CPC order 7 rule 11Authority CPC order 7 rule 11
Authority CPC order 7 rule 11Arjun Randhir
 
Non examination of investigation officer its consequences
Non examination of investigation officer  its consequencesNon examination of investigation officer  its consequences
Non examination of investigation officer its consequencesArjun Randhir
 
Points to be kept in mind while deciding sessions trial
Points to be kept in mind while deciding sessions trialPoints to be kept in mind while deciding sessions trial
Points to be kept in mind while deciding sessions trialLegal
 
Judgments of Supreme Court of India on Narcotic Drugs and Psychotropic Substa...
Judgments of Supreme Court of India on Narcotic Drugs and Psychotropic Substa...Judgments of Supreme Court of India on Narcotic Drugs and Psychotropic Substa...
Judgments of Supreme Court of India on Narcotic Drugs and Psychotropic Substa...Legal
 
Restitution of conjugal rights a comparative study among indian personal laws
Restitution of conjugal rights   a comparative study among indian personal lawsRestitution of conjugal rights   a comparative study among indian personal laws
Restitution of conjugal rights a comparative study among indian personal lawsAnuja Aiyappan
 
Law of Maintenance in India
Law of Maintenance in IndiaLaw of Maintenance in India
Law of Maintenance in IndiaAshok Wadje
 

Viewers also liked (19)

Hindu law void marriages
Hindu law void marriagesHindu law void marriages
Hindu law void marriages
 
Division of property on divorce In India
Division of property on divorce In IndiaDivision of property on divorce In India
Division of property on divorce In India
 
Specific performace act by a p randhir
Specific performace act  by a p  randhirSpecific performace act  by a p  randhir
Specific performace act by a p randhir
 
Hindu marriage act 2012
Hindu marriage act 2012Hindu marriage act 2012
Hindu marriage act 2012
 
Law of limitation in criminal cases in gujarati
Law of limitation  in criminal cases in gujaratiLaw of limitation  in criminal cases in gujarati
Law of limitation in criminal cases in gujarati
 
Cr.P.C framing of Charges
Cr.P.C framing of Charges Cr.P.C framing of Charges
Cr.P.C framing of Charges
 
Civil procedure udsm manual 2002
Civil procedure    udsm manual 2002Civil procedure    udsm manual 2002
Civil procedure udsm manual 2002
 
Divorce
DivorceDivorce
Divorce
 
Family law succession to a Hindu male
Family law succession to a Hindu maleFamily law succession to a Hindu male
Family law succession to a Hindu male
 
Fraud it offence
Fraud it offenceFraud it offence
Fraud it offence
 
IPC section 406 & 420 difference by a p randhir
IPC section 406 & 420 difference by a p randhirIPC section 406 & 420 difference by a p randhir
IPC section 406 & 420 difference by a p randhir
 
The Narcotic Drugs and Psychotropic Substances Act, 1985
The Narcotic Drugs and Psychotropic Substances Act, 1985The Narcotic Drugs and Psychotropic Substances Act, 1985
The Narcotic Drugs and Psychotropic Substances Act, 1985
 
Exhibit of oral and documentory evidence
Exhibit of oral and documentory evidenceExhibit of oral and documentory evidence
Exhibit of oral and documentory evidence
 
Authority CPC order 7 rule 11
Authority CPC order 7 rule 11Authority CPC order 7 rule 11
Authority CPC order 7 rule 11
 
Non examination of investigation officer its consequences
Non examination of investigation officer  its consequencesNon examination of investigation officer  its consequences
Non examination of investigation officer its consequences
 
Points to be kept in mind while deciding sessions trial
Points to be kept in mind while deciding sessions trialPoints to be kept in mind while deciding sessions trial
Points to be kept in mind while deciding sessions trial
 
Judgments of Supreme Court of India on Narcotic Drugs and Psychotropic Substa...
Judgments of Supreme Court of India on Narcotic Drugs and Psychotropic Substa...Judgments of Supreme Court of India on Narcotic Drugs and Psychotropic Substa...
Judgments of Supreme Court of India on Narcotic Drugs and Psychotropic Substa...
 
Restitution of conjugal rights a comparative study among indian personal laws
Restitution of conjugal rights   a comparative study among indian personal lawsRestitution of conjugal rights   a comparative study among indian personal laws
Restitution of conjugal rights a comparative study among indian personal laws
 
Law of Maintenance in India
Law of Maintenance in IndiaLaw of Maintenance in India
Law of Maintenance in India
 

Similar to HINDU SUCCESSION, ADOPTION & GUARDIANSHIP

Hindu adoption and maintenance act 1956
Hindu adoption and maintenance act 1956Hindu adoption and maintenance act 1956
Hindu adoption and maintenance act 1956NAVREETDHALIWAL
 
Elibrary datafile adoption of child in india
Elibrary datafile adoption of child in indiaElibrary datafile adoption of child in india
Elibrary datafile adoption of child in indiaAdv. Potla Sukhavani Rao
 
7.PPT on Adoption.pptx
7.PPT on Adoption.pptx7.PPT on Adoption.pptx
7.PPT on Adoption.pptxAkkiChoudhary4
 
Ll.b i fl u 1 sources of hindu law
Ll.b i fl u 1 sources of hindu lawLl.b i fl u 1 sources of hindu law
Ll.b i fl u 1 sources of hindu lawRai University
 
Hindu adoptions and maintenance act 1956
Hindu adoptions and maintenance act 1956Hindu adoptions and maintenance act 1956
Hindu adoptions and maintenance act 1956LaresaRandhawa
 
Adoption.pptx and the procedure of adopting
Adoption.pptx and the procedure of adoptingAdoption.pptx and the procedure of adopting
Adoption.pptx and the procedure of adoptingAlexMartin798650
 
Laws , rules & regulations governing adoptions in india by dr alka mukherjee ...
Laws , rules & regulations governing adoptions in india by dr alka mukherjee ...Laws , rules & regulations governing adoptions in india by dr alka mukherjee ...
Laws , rules & regulations governing adoptions in india by dr alka mukherjee ...alka mukherjee
 
1.Adoption juvenile justice in a detailed manner
1.Adoption juvenile justice in a detailed manner1.Adoption juvenile justice in a detailed manner
1.Adoption juvenile justice in a detailed manneraka821227
 
Child adoption act
Child adoption actChild adoption act
Child adoption actRADHA
 
adoption-200429061523.pptx
adoption-200429061523.pptxadoption-200429061523.pptx
adoption-200429061523.pptxSubi Babu
 
adoption-2004svsfsfsfsfsfdsd2906155555523 (1).pptx
adoption-2004svsfsfsfsfsfdsd2906155555523 (1).pptxadoption-2004svsfsfsfsfsfdsd2906155555523 (1).pptx
adoption-2004svsfsfsfsfsfdsd2906155555523 (1).pptxSubi Babu
 
Adoption law -By Mohammed Jamshed
Adoption law -By Mohammed JamshedAdoption law -By Mohammed Jamshed
Adoption law -By Mohammed JamshedMohammedJamshed1
 

Similar to HINDU SUCCESSION, ADOPTION & GUARDIANSHIP (20)

Hindu adoption and maintenance act 1956
Hindu adoption and maintenance act 1956Hindu adoption and maintenance act 1956
Hindu adoption and maintenance act 1956
 
Elibrary datafile adoption of child in india
Elibrary datafile adoption of child in indiaElibrary datafile adoption of child in india
Elibrary datafile adoption of child in india
 
7.PPT on Adoption.pptx
7.PPT on Adoption.pptx7.PPT on Adoption.pptx
7.PPT on Adoption.pptx
 
Ll.b i fl u 1 sources of hindu law
Ll.b i fl u 1 sources of hindu lawLl.b i fl u 1 sources of hindu law
Ll.b i fl u 1 sources of hindu law
 
Adoption
AdoptionAdoption
Adoption
 
Hindu adoptions and maintenance act 1956
Hindu adoptions and maintenance act 1956Hindu adoptions and maintenance act 1956
Hindu adoptions and maintenance act 1956
 
Child adoption
Child adoptionChild adoption
Child adoption
 
Adoption.pptx and the procedure of adopting
Adoption.pptx and the procedure of adoptingAdoption.pptx and the procedure of adopting
Adoption.pptx and the procedure of adopting
 
Indian adoption laws
Indian adoption lawsIndian adoption laws
Indian adoption laws
 
Laws , rules & regulations governing adoptions in india by dr alka mukherjee ...
Laws , rules & regulations governing adoptions in india by dr alka mukherjee ...Laws , rules & regulations governing adoptions in india by dr alka mukherjee ...
Laws , rules & regulations governing adoptions in india by dr alka mukherjee ...
 
HINDULAW.pptx
HINDULAW.pptxHINDULAW.pptx
HINDULAW.pptx
 
Grounds of divorce
Grounds of divorceGrounds of divorce
Grounds of divorce
 
Adoption services
Adoption  servicesAdoption  services
Adoption services
 
1.Adoption juvenile justice in a detailed manner
1.Adoption juvenile justice in a detailed manner1.Adoption juvenile justice in a detailed manner
1.Adoption juvenile justice in a detailed manner
 
Child adoption act
Child adoption actChild adoption act
Child adoption act
 
adoption-200429061523.pptx
adoption-200429061523.pptxadoption-200429061523.pptx
adoption-200429061523.pptx
 
adoption-2004svsfsfsfsfsfdsd2906155555523 (1).pptx
adoption-2004svsfsfsfsfsfdsd2906155555523 (1).pptxadoption-2004svsfsfsfsfsfdsd2906155555523 (1).pptx
adoption-2004svsfsfsfsfsfdsd2906155555523 (1).pptx
 
Adoption law -By Mohammed Jamshed
Adoption law -By Mohammed JamshedAdoption law -By Mohammed Jamshed
Adoption law -By Mohammed Jamshed
 
Process of child custody
Process of child custodyProcess of child custody
Process of child custody
 
Adoption
AdoptionAdoption
Adoption
 

More from Deepti Nambiar

More from Deepti Nambiar (7)

Adjustment disorder
Adjustment disorderAdjustment disorder
Adjustment disorder
 
Transactional analysis
Transactional analysisTransactional analysis
Transactional analysis
 
Social statification
Social statificationSocial statification
Social statification
 
Resource mobilization
Resource mobilizationResource mobilization
Resource mobilization
 
Junk food
Junk foodJunk food
Junk food
 
Advocacy model seminar.ppt
Advocacy model seminar.pptAdvocacy model seminar.ppt
Advocacy model seminar.ppt
 
Rumor
RumorRumor
Rumor
 

Recently uploaded

Hungarian legislation made by Robert Miklos
Hungarian legislation made by Robert MiklosHungarian legislation made by Robert Miklos
Hungarian legislation made by Robert Miklosbeduinpower135
 
Sarvesh Raj IPS - A Journey of Dedication and Leadership.pptx
Sarvesh Raj IPS - A Journey of Dedication and Leadership.pptxSarvesh Raj IPS - A Journey of Dedication and Leadership.pptx
Sarvesh Raj IPS - A Journey of Dedication and Leadership.pptxAnto Jebin
 
Alexis O'Connell Arrest Records Houston Texas lexileeyogi
Alexis O'Connell Arrest Records Houston Texas lexileeyogiAlexis O'Connell Arrest Records Houston Texas lexileeyogi
Alexis O'Connell Arrest Records Houston Texas lexileeyogiBlayneRush1
 
Conditions Restricting Transfer Under TPA,1882
Conditions Restricting Transfer Under TPA,1882Conditions Restricting Transfer Under TPA,1882
Conditions Restricting Transfer Under TPA,18822020000445musaib
 
RA. 7432 and RA 9994 Senior Citizen .pptx
RA. 7432 and RA 9994 Senior Citizen .pptxRA. 7432 and RA 9994 Senior Citizen .pptx
RA. 7432 and RA 9994 Senior Citizen .pptxJFSB1
 
Guide for Drug Education and Vice Control.docx
Guide for Drug Education and Vice Control.docxGuide for Drug Education and Vice Control.docx
Guide for Drug Education and Vice Control.docxjennysansano2
 
citizenship in the Philippines as to the laws applicable
citizenship in the Philippines as to the laws applicablecitizenship in the Philippines as to the laws applicable
citizenship in the Philippines as to the laws applicableSaraSantiago44
 
PPT Template - Federal Law Enforcement Training Center
PPT Template - Federal Law Enforcement Training CenterPPT Template - Federal Law Enforcement Training Center
PPT Template - Federal Law Enforcement Training Centerejlfernandez22
 
Attestation presentation under Transfer of property Act
Attestation presentation under Transfer of property ActAttestation presentation under Transfer of property Act
Attestation presentation under Transfer of property Act2020000445musaib
 
THE INDIAN CONTRACT ACT 1872 NOTES FOR STUDENTS
THE INDIAN CONTRACT ACT 1872 NOTES FOR STUDENTSTHE INDIAN CONTRACT ACT 1872 NOTES FOR STUDENTS
THE INDIAN CONTRACT ACT 1872 NOTES FOR STUDENTSRoshniSingh312153
 
Current Ethical Issues for Legal Professionals.ppt
Current Ethical Issues for Legal Professionals.pptCurrent Ethical Issues for Legal Professionals.ppt
Current Ethical Issues for Legal Professionals.pptVidyaAdsule1
 
Illinois Department Of Corrections reentry guide
Illinois Department Of Corrections reentry guideIllinois Department Of Corrections reentry guide
Illinois Department Of Corrections reentry guideillinoisworknet11
 
Grey Area of the Information Technology Act, 2000.pptx
Grey Area of the Information Technology Act, 2000.pptxGrey Area of the Information Technology Act, 2000.pptx
Grey Area of the Information Technology Act, 2000.pptxBharatMunjal4
 
1990-2004 Bar Questions and Answers in Sales
1990-2004 Bar Questions and Answers in Sales1990-2004 Bar Questions and Answers in Sales
1990-2004 Bar Questions and Answers in SalesMelvinPernez2
 
Wurz Financial - Wealth Counsel to Law Firm Owners Services Guide.pdf
Wurz Financial - Wealth Counsel to Law Firm Owners Services Guide.pdfWurz Financial - Wealth Counsel to Law Firm Owners Services Guide.pdf
Wurz Financial - Wealth Counsel to Law Firm Owners Services Guide.pdfssuser3e15612
 
Labour legislations in India and its history
Labour legislations in India and its historyLabour legislations in India and its history
Labour legislations in India and its historyprasannamurthy6
 
Understanding Cyber Crime Litigation: Key Concepts and Legal Frameworks
Understanding Cyber Crime Litigation: Key Concepts and Legal FrameworksUnderstanding Cyber Crime Litigation: Key Concepts and Legal Frameworks
Understanding Cyber Crime Litigation: Key Concepts and Legal FrameworksFinlaw Associates
 
Are There Any Alternatives To Jail Time For Sex Crime Convictions in Los Angeles
Are There Any Alternatives To Jail Time For Sex Crime Convictions in Los AngelesAre There Any Alternatives To Jail Time For Sex Crime Convictions in Los Angeles
Are There Any Alternatives To Jail Time For Sex Crime Convictions in Los AngelesChesley Lawyer
 
Vanderburgh County Sheriff says he will Not Raid Delta 8 Shops
Vanderburgh County Sheriff says he will Not Raid Delta 8 ShopsVanderburgh County Sheriff says he will Not Raid Delta 8 Shops
Vanderburgh County Sheriff says he will Not Raid Delta 8 ShopsAbdul-Hakim Shabazz
 
Alexis O'Connell lexileeyogi Bond revocation for drug arrest Alexis Lee
Alexis O'Connell lexileeyogi Bond revocation for drug arrest Alexis LeeAlexis O'Connell lexileeyogi Bond revocation for drug arrest Alexis Lee
Alexis O'Connell lexileeyogi Bond revocation for drug arrest Alexis LeeBlayneRush1
 

Recently uploaded (20)

Hungarian legislation made by Robert Miklos
Hungarian legislation made by Robert MiklosHungarian legislation made by Robert Miklos
Hungarian legislation made by Robert Miklos
 
Sarvesh Raj IPS - A Journey of Dedication and Leadership.pptx
Sarvesh Raj IPS - A Journey of Dedication and Leadership.pptxSarvesh Raj IPS - A Journey of Dedication and Leadership.pptx
Sarvesh Raj IPS - A Journey of Dedication and Leadership.pptx
 
Alexis O'Connell Arrest Records Houston Texas lexileeyogi
Alexis O'Connell Arrest Records Houston Texas lexileeyogiAlexis O'Connell Arrest Records Houston Texas lexileeyogi
Alexis O'Connell Arrest Records Houston Texas lexileeyogi
 
Conditions Restricting Transfer Under TPA,1882
Conditions Restricting Transfer Under TPA,1882Conditions Restricting Transfer Under TPA,1882
Conditions Restricting Transfer Under TPA,1882
 
RA. 7432 and RA 9994 Senior Citizen .pptx
RA. 7432 and RA 9994 Senior Citizen .pptxRA. 7432 and RA 9994 Senior Citizen .pptx
RA. 7432 and RA 9994 Senior Citizen .pptx
 
Guide for Drug Education and Vice Control.docx
Guide for Drug Education and Vice Control.docxGuide for Drug Education and Vice Control.docx
Guide for Drug Education and Vice Control.docx
 
citizenship in the Philippines as to the laws applicable
citizenship in the Philippines as to the laws applicablecitizenship in the Philippines as to the laws applicable
citizenship in the Philippines as to the laws applicable
 
PPT Template - Federal Law Enforcement Training Center
PPT Template - Federal Law Enforcement Training CenterPPT Template - Federal Law Enforcement Training Center
PPT Template - Federal Law Enforcement Training Center
 
Attestation presentation under Transfer of property Act
Attestation presentation under Transfer of property ActAttestation presentation under Transfer of property Act
Attestation presentation under Transfer of property Act
 
THE INDIAN CONTRACT ACT 1872 NOTES FOR STUDENTS
THE INDIAN CONTRACT ACT 1872 NOTES FOR STUDENTSTHE INDIAN CONTRACT ACT 1872 NOTES FOR STUDENTS
THE INDIAN CONTRACT ACT 1872 NOTES FOR STUDENTS
 
Current Ethical Issues for Legal Professionals.ppt
Current Ethical Issues for Legal Professionals.pptCurrent Ethical Issues for Legal Professionals.ppt
Current Ethical Issues for Legal Professionals.ppt
 
Illinois Department Of Corrections reentry guide
Illinois Department Of Corrections reentry guideIllinois Department Of Corrections reentry guide
Illinois Department Of Corrections reentry guide
 
Grey Area of the Information Technology Act, 2000.pptx
Grey Area of the Information Technology Act, 2000.pptxGrey Area of the Information Technology Act, 2000.pptx
Grey Area of the Information Technology Act, 2000.pptx
 
1990-2004 Bar Questions and Answers in Sales
1990-2004 Bar Questions and Answers in Sales1990-2004 Bar Questions and Answers in Sales
1990-2004 Bar Questions and Answers in Sales
 
Wurz Financial - Wealth Counsel to Law Firm Owners Services Guide.pdf
Wurz Financial - Wealth Counsel to Law Firm Owners Services Guide.pdfWurz Financial - Wealth Counsel to Law Firm Owners Services Guide.pdf
Wurz Financial - Wealth Counsel to Law Firm Owners Services Guide.pdf
 
Labour legislations in India and its history
Labour legislations in India and its historyLabour legislations in India and its history
Labour legislations in India and its history
 
Understanding Cyber Crime Litigation: Key Concepts and Legal Frameworks
Understanding Cyber Crime Litigation: Key Concepts and Legal FrameworksUnderstanding Cyber Crime Litigation: Key Concepts and Legal Frameworks
Understanding Cyber Crime Litigation: Key Concepts and Legal Frameworks
 
Are There Any Alternatives To Jail Time For Sex Crime Convictions in Los Angeles
Are There Any Alternatives To Jail Time For Sex Crime Convictions in Los AngelesAre There Any Alternatives To Jail Time For Sex Crime Convictions in Los Angeles
Are There Any Alternatives To Jail Time For Sex Crime Convictions in Los Angeles
 
Vanderburgh County Sheriff says he will Not Raid Delta 8 Shops
Vanderburgh County Sheriff says he will Not Raid Delta 8 ShopsVanderburgh County Sheriff says he will Not Raid Delta 8 Shops
Vanderburgh County Sheriff says he will Not Raid Delta 8 Shops
 
Alexis O'Connell lexileeyogi Bond revocation for drug arrest Alexis Lee
Alexis O'Connell lexileeyogi Bond revocation for drug arrest Alexis LeeAlexis O'Connell lexileeyogi Bond revocation for drug arrest Alexis Lee
Alexis O'Connell lexileeyogi Bond revocation for drug arrest Alexis Lee
 

HINDU SUCCESSION, ADOPTION & GUARDIANSHIP

  • 3. Hindu succession act 1956. Extends to the whole of India expect J&K.
  • 4. This act applies to- 1) Any person who is a Hindu by religion in any of its forms or development. 2) To any person who is a Buddhist or Jain or Sikh by religion. 3) To any other person who is not Muslim or Christian parsi or Jew by religion.
  • 5. In the case of Males The property of Hindu male dying intestate, or without a will, would be given first to heir’s within the class1. If there are no heir’s in class 1the property will be given heir’s within class 11. If there are no heir’s in class 11 the property will given to the agnates or relatives through male lineage.
  • 6. Class 11 1. Father son’s daughter’s son 2. Son’s daughter’s daughter son 3. Sister daughter son’s son 4. Daughter son’s daughter 5. Daughter’s daughter’s daughter 6. Brother’s son sister’s son 7. Brother’s daughter
  • 7. In the case of Females The property of a Hindu female dying intestate, or without a will, shall devolve, 1. Upon the son’s and daughter’s. 2. Upon the heir’s of the husband. 3. Upon the heir’s of the father 4. Upon the heir’s of the mother
  • 8. Exceptions 1. Any person who commits murder is disqualified from receiving any form of inheritance from the victim 2. If a relative coverts to Hinduism he or she is still eligible for inheritance. 3. The descendants of the converted relative are disqualified from receiving inheritance from their Hindu relatives.
  • 10. Adoption is carried out in India under different Acts. In India, adoption of children by Hindu adults is governed by the Hindu Adoption and Maintenance Act, 1956 (referred as “HAMA”)
  • 11. There are other legislations which also deal with the adoption: 1) The Guardians and Wards Act, 1890 (GAWA) 2) Juvenile Justice (Care and Protection) Amendment Act, 2010 (J.J. Act)
  • 12. Provisions Under HAMA can adopt a child of each sex but no two children of the same sex which means if having a son, can adopt only a female child and vice-versa. Non Hindu persons such as Muslims, Christians, Paris and Jews etc are governed by their own effected personal laws come under GAWA, 1890. Central Adoption Resource Authority (CARA) also has provision regarding the adoption in the Country it facilitates the inter-country adoption and inter-religion adoption.
  • 13. Why legal adoption Legal adoption is provides an extended security for the adopted child. It ensures the status of the child in the adoptive family. A legally adopted child can enforce all his/her rights in the Court of Law. On the contrary, informal adoptions do not carry any legal enforcement and are gross violation of the law of the land.
  • 14. As per Supreme Court of India’s Direction, specific guidelines have been laid down by the Central Adoption Resource Authority (CARA), the apex controlling body in matter relating to adoption in India under the Ministry of Women and Child Development for legal adoption of Indian Children.
  • 15. Section 7 of the Act states Capacity of a male Hindu to take in adoption which states that “any male Hindu who is of sound mind and is not a minor has the capacity to take a son or a daughter in adoption.
  • 16. Section 8 of the Act has been amended in 2010 which serve the purpose of equality when it comes to taking consent with other spouse while adopting a child. Section 8 (after amendment in 2010) talks about Capacity of a female Hindu to take in adoption which reads as, “Any female Hindu who is of sound mind and is not a minor has the capacity to take a son or daughter in adoption:
  • 17.  Section 9 (2) of the Act have a provision that the father or the mother, if alive, shall have equal right to give a son or daughter in adoption.
  • 18. 1) According to the Act same sex child cannot be adopted in the family. If any adoption is of son or daughter, the adoptive father or mother by whom the adoption is made must not have a Hindu son or daughter or son’s son or son’s daughter (whether biological or by adoption) living at the time of adoption. 2) 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; 3) 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; 4) a child can be adopted by a couples/single person only.
  • 19. Who can adopt 1) You and your spouse are below 45 years of age and your composite age does not exceed 90 years. If beyond 45, you will be required to adopt an older child proportionately to the number of years in excess of 45. In no case the age of prospective adoptive parents (PAP) should exceed 55 years. 2.)Adoptive parents must be financially stable and must have reasonable regular source of income. 3)They must be physically fit and mentally sound to rear up a child. 4. )They must have a genuine motivation to adopt a child.
  • 20. No adoption shall be valid unless following conditions are fulfilled: (i) The person adopting has the capacity and also the right, to take in adoption. (ii) The person giving in adoption has the capacity to do so. (iii) The person adopted is capable of being taken in adoption (iv) The adoption is made in compliance with the other conditions mentioned in this act.
  • 21. Person capable of giving adoption1) No person except the father or mother or the guardian of a child shall have the capacity to give the child in adoption. (2) Where both the father and mother are dead or have finally renounced the world or have abandoned the child or have been declared by a court of competent jurisdiction to be of unsound mind or where the parentage of the child is not known, the guardian of the child may give the child in adoption with the previous permission of the court to any person including the guardian himself. (3) Before granting permission to guardian for adoption the court shall be satisfied that the adoption will be for the welfare of the child, due consideration being for this purpose given to the wishes of the child having regard to the age and understanding of the child and that the applicant for permission has not received or agreed to receive and that no person has made or given or agreed to make or give to the applicant any payment or reward in consideration of the adoption except such as the court may sanction.
  • 22. Persons who may be adopted: No person shall be capable of being taken in adoption unless the following conditions are fulfilled: (i) He or she is a Hindu (ii) He or she has not already be adopted earlier (iii) He or she has not married unless there is a custom or usage applicable to the parties which permits persons who are married being taken in adoption. (iv) He or she has not completed the age of fifteen years, unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in
  • 23. Today child adoption in India is being governed by the Hindu Adoption and Maintenance Act, 1956. 1. HAMA is not child oriented but parent oriented It is a religion specific Act. 2. It does not allow adoption of two children of the same sex by one adoptive couple. 3. It does not allow for adoption of a child of the same sex as the biological child. 4. The adoptive mother is only a consenting party and not a joint petitioner.
  • 24. My Case A child was adopted by a old couple when the man was 53 and the he was a govt. employee. women was 45 old. The adopted child was only 6th std at that time. After 5 year the man passed away and his wife got the job. After few months lady become bedridden and her husband’s sister came and stay with her and the boy. Relatives were worried about the property will go to the adopted boy. So relatives removed all documents of adoption from the home and they made the bedridden women forcefully to sign all the papers related to property. Removal of adoption related papers made the boy away from getting a job. At last he found the place were the couple adopted him and he got his adopted papers . Later he filed a case against the relatives and got all property right.
  • 26. This Act applies- (a) to any person who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of the Brahmo, Prarthana or Arya Samaj. (b) to any person who is a Buddhist, Jaina or Sikh by religion (c) to any person resides in the territories to which this Act extends who is not a Muslim, Christian, Parsi, or Jew by religion, unless it is proved that any such person would not have been governed by the Hindu law or by any custom or usage as part of that law in respect of any of the matters dealt with herein if this Act had not been passed.
  • 27. Notwithstanding anything contained in sub- section (1), nothing contained in this Act shall apply to the members of any scheduled Tribe within the meaning of clause (25) of article 366 of the Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs. (3) The expression 'Hindu' in any portion of this Act shall be construed as if it included a person who, though not a Hindu by religion, is nevertheless, a person to whom this Act, applies by virtue of the provisions contained in this section.
  • 28. Definitions.- In this Act,- a) "minor" means a person who has not completed the age of eighteen years; (b) "major" means a person having the care of the person of a minor or of his property or of both his person and property, and includes- (i) a natural guardian, (ii) a guardian appointed by the will of the minor's father or mother, (iii) a guardian appointed or declared by a court, and (iv) a person empowered to act as such by or under any enactment relating to any court of wards;
  • 29. Powers of natural guardian 1) The natural guardian of a Hindu minor has power, subject to the provisions of this section, to do all acts which are necessary or reasonable and proper for the benefit of the minor or for the realization, protection or benefit of the minor's estate. (2) The natural guardian shall not, without the previous permission of the court,- (a) mortgage or charge, or transfer by sale, gift, exchange or otherwise any part of the immovable property of the minor or (b) lease any part of such property for a term exceeding five years or for a term extending more than one year beyond the date on which the minor will attain majority.
  • 30. The guardian so appointed by will has the right to act as the minor's guardian after the death of the minor's father or mother, as the case may be, and to exercise all the rights of a natural guardian under this Act to such extent and subject to such restrictions, if any, as are specified in this Act and in the will. The right of the guardian so appointed by will shall, where the minor is a girl, cease on her marriage.
  • 31. Welfare of minor to be paramount consideration.- 1) In the appointment of declaration of any person as guardian of a Hindu minor by a court, the welfare of the minor shall be the paramount consideration. (2) No person shall be entitled to the guardianship by virtue of the provisions of this Act or of any law relating to guardianship in marriage among Hindus, if the court is of opinion that his or her guardianship will not be for the welfare of the minor.
  • 32. THANK