The Hindu Adoption and Maintenance Act, 1956

1. ADOPTION
DR. MADHURI IRENE
ASSOCIATE PROFESSOR, ICFAI LAW SCHOOL, HYDERABAD

2. INTRODUCTION
 The Hindus have regarded the institution of sonship as important Marriage
 To have a son was considered a 'must' for every Hindu.
 Begetting a son was one of the three debts (debts to the manes, i.e., ancestors) that a
Hindu was required to discharge in this world.
 Just as a marriage was never considered a purely secular act, so was sonship.
 Son is called a putra because the son delivers his father from hell, called 'put'.'
Baudhayana declared : "Through a son one conquers the world, through a grandson
one obtains the immortality, and through the great-grandson one ascends to the
highest heaven”
 Hindus have-always desired to have an aurasa (natural born legitimate son) for the
spiritual benefit and the continuation of the family.
 Yet, right from the Vedic age to this date, secondary sons have, in one form or another,
existed and have been recognized
 ‘It is the foremost duty of man , who is sonless, to have a son by any means’.

3.  The Hindus never considered an illegitimate son as filius nullius.
 It is submitted that some of the illegitimate sons were fitted in the system of
sonship;
 those who were still left out were never denied maintenance.
 The one who was, directly or indirectly, responsible for the birth of the child, had
to provide maintenance for it.
 It is in this background that these various types of sons are to be understood.
According to our sages, the number of sons is twelve or thirteen
 According to Manu, sons are classified into two categories.
 The sons in
 category (1) are kinsmen as well as heirs, while in
 category(II) they are only kinsmen.

4. Kinds of Sons
Category –I
(1) The aurasa, bodyborn,
(2) (2) the ksbetraja, soil born,
(3) the dattaka, adopted,
(4) (4) the kritma, appointed,
(5) (5) the gudhotpanna, secretly born, and
(6) the apavindha, cast off
Category II
(7) The kanina, maiden born,
(8) the sahodba, received along with the bride,
(9) krita, bought,
(10) the paunna: bhava, self begotten on remarried
woman,
(11) the svayamdatta, self given, and
(12) the shaudra, son of a Brahman by a Sudra wife.

5. Kinds of sons
Category –I
1. Aurasa putra ; the legitimate son be gotten by
a man himself upon his lawfully wedded wife
2. Kshetraja: the son begotten by niyoga, as
approved by the shastras, on one’s own wife by
another man with the consent of the husband or
important. he is also treated as soil born
3. Dattaka: adopted son. A boy given voluntarily
by his parent to an unfortunate sonless man being
of the same caste and gift confirmed with a
libation of water is known as the dattaka of the
man to whom he is given.
4. Kritma: appointed the son made, accepted
one’s own son for the sake of his qualities as such ,
after examining his qualifies as a son of one’s own
caste .
5. Gudhat panna; or gudhaja son secretly
brought forth by the wife. A son born in the family
but as the who be got him being unknown, is
Category –II
7. Kanina: son secretly born to an unmarried
damsel. The secretly born to a maiden in her
father’s house is known as the kanina son of the one
who marries her.
8. Sahdha: son received along with the bride. The
son born of a wife who was pregnant at the time of
marriage .the son born of that pregnancy is known
as the sohodhja son of that man.
9. Krita: son bought or purchased the son whether
of one’s won caste or not, purchased for a price
from his parents is the krita son of the purchaser .
10. Paunnabhava : son of a remarried women . the
son born to a women deserted by her husband or a
remarried widow of her own desire is known as
paunnarbhava son of the begetter.
11. Svayamdatta : self given where an abandoned
son offers himself to some one. An orphan or one
who is without cause deserted by his parents ,

6. MODERN LAW
 Modern Hindu law classifies son ship into:
 1. Legitimate
 2. Illegitimate and
 3. Adoption.
 Meaning of adoption: According to Manu adoption is the taking of a son, as a
substitute for the failure of a male issue.
 It is like transplantation of a son from the family in which he is born to
another family where he is given by the natural parents by way of gift. He acquires all
the rights an status in their new family and his ties with the old family come to an and.
 PRESENT LAW: The Hindu Adoption and Maintenance Act, 1956 has now completely
codified the law of adoption has materially modified it.
Now after enforcement of this Act, every adoption shall be made in accordance with
the provision of this act.

7. Changes made by the Act:
 The act has brought about remarkable changes in the law of adoption, some of which are as
under.
 1. The act will apply only to Hindus but the term Hindu has been interpreted in every wide
and include Jains, Sikhs and Buddhists.
 2. The act specially affected the right and capacity of a Hindu female to adopt a child.
 3. The act provides for the adoption not only of boys also of girls.
 4. The act does not provide for the performance of ceremony of ‘DATTA HOMAM ‘. Only
physical acceptance is sufficient
 5. There have been significant changes in the law specially regarding consequences of a
valid adoption.
 6. Now a Hindu cannot adopt a child except with the consent of his wife where as no such
law excepted prior to the act.
 Old law of adoption is not affected in dayabhaga school where as new act allowed o be
applied to all the sub-school of mitakshara and dayabhaga uniformly

8. THE HINDU ADOPTION AND MAINTENANCE ACT, 1956
 CHAPTER II
 ADOPTION
 5. Adoptions to be regulated by this Chapter
 6. Requisites of a valid adoption
 7. Capacity of a male Hindu to take in adoption
 8. Capacity of a female Hindu to take in adoption
 9. Persons capable of giving in adoption
 10. Persons who may be adopted
 11. Other conditions for a valid adoption
 12. Effect of adoption
 13. Right of adoptive parents to dispose of their properties
 14. Determination of adoptive mother in certain cases
 15. Valid adoption not to be cancelled
 16. Presumption as to registered documents

9. Adoptions to be regulated by this Act:
 After passing of the Hindu adoption and maintenance Act, 1956.
 Every adoption made by Hindu shall be as per the Act.
 Under section 5:
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 May adoption made in contravention of the said provisions
shall be void.
2. And 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 , nr destroy the rights of nay
person in the family of his or her birth.

10. Essential of valid adoption:
 Section 6 of Act enumerates the requisites of a valid adoption as per section 6 no
adoption shall be valid unless:
 1. The person adopting has the capacity and also right to take in adoption
 2. The person giving in adoption has the capacity to do so
 3. The person adopted is capable of being taken in adoption
 4. The adoption is made in compliance with the other conditions mentioned in this
chapter.
 the essentials for valid Adoption are:
 1. Person adopting shall have capacity (sections 7 and 8)
 2. Person giving in adoption also shall have capacity (section 9)
 3. Person adopted also possess capacity ( section 10)
 4. Shall be as per condition (section 11)

11. 1.WHO CAN ADOPT
 7. Capacity of a male Hindu to take in adoption.—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 :
 Provided that, if he has a wife living, he shall not adopt except with the consent of his wife
unless the wife has completely and finally renounced the world or has ceased to be a
Hindu, or has been declared by a Court of competent jurisdiction to be of unsound mind.
 Explanation—If a person has more than one wife living at the time of adoption, the
consent of all the wives is necessary, unless the consent of any one of them is
unnecessary for any of the reasons specified in the preceding proviso.
 8. Capacity of a female Hindu to take in adoption.—Any female Hindu who is of sound
mind and is not a minor has the capacity to take a son or daughter in adoption :
 Provided that, if she has a husband living, she shall not adopt a son or daughter except
with the consent of her husband unless the husband has completely and finally
renounced the world or has ceased to be a Hindu or has been declared by a court of
competent jurisdiction to be of unsound mind.

12.  Bhima v. Sarat, 1988 Ori 19: A Hindu male or female, married under the Special
Marriage Act, 1954, or whose parents have married under that Act, has also capacity
to adopt.
 Deen Dayal v. Sanjeev Kumar. 2009 Raj 122: The consent of the wife may be express or
implied. For instance, if the wife takes part in the performance of ceremonies of
adoption, her consent will be implied, unless she pleads fraud or force. But in her
absence consent cannot be implied.
 Vijayalakshamma v. BJ. Shankar 2001 SC 1424: When a adopts a child, she need not
take consent of a co-widow because she adopts the child in her own capacity
 Krishna Chandra sahu vs. pradeep das (AIR 1982 Orissa page 114): Where husband
adopted a child without consent of his wife. Held consent of wife would be mandatory
for a valid adoption only way her consent is not necessary in 3 disabilities otherwise
adoption taken by married man without consent of his wife held null and void
 prafulla kumar vs. shasi vieva (AIR 1990 NOC 13): In this case wife has not given any
express consent but participated in the ceremony of the adoption. Held her consent
shall be presumed, hence adoption was held valid

13. II. Persons capable of giving in adoption:
 SECTION 9: 1) No person except the father or mother or the guardian of a child shall have the capacity
to give the child in adoption.
 [(2) Subject to the provisions of sub-section (4), the father or the mother, if alive, shall have equal right to
give a son or daughter in adoption :
 Provided that such right shall not be exercised by either of them save with the consent of the other
unless one of them has completely and finally renounced the world or has ceased to be a Hindu or has
been declared by a court of competent jurisdiction to be of unsound mind.]
 (3) Omitted
 [(4) Where both the father and mother are dead or have completely and 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.]
 (5) Before granting permission to a guardian under sub-section (4), 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.

14.  Explanation.—For the purposes of this section—
 (i) the expressions "father" and "mother" do not include an
adoptive father and an adoptive mother, '[* * *]
 ''[(i-a) "guardian" means a person having the care of the person
of a child or of both his person and property and includes—
(a) a guardian appointed by the will of the child's father or
mother; and
(b) a guardian appointed or declared by a Court; and]
 (ii) "court" means the City Civil Court or a District Court within the
local limits of whose jurisdiction the child to be adopted
ordinarily resides

15. 3. Persons who may be adopted:
 As per Sec.10: —No person shall be capable of being taken in adoption unless the
following conditions are fulfilled, namely,—
(i) he or she is a Hindu;
(ii) he or she has not already been adopted;
(iii) he or she has not been 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 adoption.

16. Other conditions for a valid adoption:
 SECTION 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 adoption.

17. CASES
 Narinderjit Kaur V. Union of India: adoption was held valid when the child was willingly
given so by the natural parents and adoptive mother adopted the child through an
attorney. It seems that no specific Shastric or customary ceremony is necessary.
 Tarabai v. Bagonda, 1981 Bom 13: Adoption of married person of any age is permitted
among the Jats in Punjab. Where adoption of a married person is valid, any child born
to him after adoption will be the child of the adoptive family.
 Alturi Brahmanandan v. Anne Sai, AIR 2011 SC 545: Custom prevailing in 'Kamma'
community proved. Therefore, adoption of a boy of more than 15 years of age was
held valid
 Lakshman v. Rup, 1981 SC 1378: Performance of customary ceremony such as feeding
the child in the lap or pugri tying with or without offering to Brahmans or the sacred fire
or saffron-water drinking may indicate the intention of transferring the child in adoption,
but so long as the intention is manifest, no particular form is necessary.

18. SEC 12: EFFECT OF ADOPTION
 : "An adopted child shall be deemed to be the child of his or her adoptive father or
mother for all purposes with effect from the date of the adoption and from such
date all the ties of the child in the family of his or her birth shall be ‘ deemed to be
severed and replaced by those created by the adoption in the adoptive family.“
Provided that—
(a) the child cannot marry any person whom he or she could not have married if he
or she had continued in the family of his or her birth;
(b) any property which vested in the adopted child before the adoption shall
continue to vest in such person subject to the obligations, if any, attaching to the
ownership of such property, including the obligation to maintain relatives in the family
of his or her birth;
(c) the adopted child shall not divest any person of any estate which vested in him or
her before the adoption.

19.  In the Natural Family.—Under Hindu law, both old and new, the adoption of a child means
that the child is totally uprooted from the natural family and transplanted in the new family
only relation ship with Natural family is
i) is that he cannot marry any person in his natural family whom he could not have married
before his adoption.
Ii) any property which vested in the adopted child before the adoption shall continue to vest
in such person subject to the obligations.
 In the Adoptive Family.—The adopted child is deemed to be the child of the adopter for all
purposes.
 His position for all intents and purposes is that of natural born son : he has the same rights,
privileges and the same obligations in the adoptive family.
 The adoption in Hindu law means complete transplantation of the child in the adoptive
family.
 This means that he is not merely the child of the adoptive parents but he is also related to all
relations on the mother's side as well as the father's side as if he is the natural born child of the
family.
 PrafuIIa Bala Mukherji v. Satish Chandra Mukherji: adoption was not proved as the adoptee all
along considered his natural mother as his mother. He made her his nominee in L.I.C. policy
and provident fund. He attended the 'shradda’ ceremony of his natural father. It was held
under the facts, there was no proof of adoption

20.  Effect of adoption before 1956:
➢ Adoption has been spoken of as new birth so the adopted son becomes entitled to inherit the property from
his adoptive father, grandfather, great grandfather in the same manner as he were born in the same family.
➢ Where adoptive father has several wives adopted son could inherit property of that wife who had
participated in the act of adoption.
➢ Where any son born to the adoptive father after he had taken son in adoption , the adopted son did not
become entitled to the equal share along with the after born natural son.
1. Bengal school 1/3 property of the adoptive father
2. Banaras school ¼ of the estate
3. Bombay and madras schools -1/5 of the estate
If the estate is impartial one then the natural son could only be inherit it.
 PRESENT POSITION:
As per the HAMAct of 1956
➢ Adopted child is deemed to be child of the family of adoptive father or mother
➢ Entitled to perform funeral of adoptive parents
➢ Adopted child is equally entitled with the share in the property even after son is been subsequently to his
adoption
➢ From the date of adoption deemed to be natural born child in adopted father or mother

21. DOCTRINE OF RELATION BACK
 Under old Hindu law widow is not allowed to adopt a child but only with consent of her
husband so when a widow adopts a child to her deceased husband, by a legal fiction the
adopted son is treated as a posthumous son of the deceased
 So the adoption relates back to the death of the adoptive father.
 he can claim property of his deceased father.
This is decided by Privy Council In Pratap Singh vs Agar singhji (1918 46 IA 97) In this case a jivai
grant (maintenance grant) was made to ‘A’ so long as his male line lasted. The property would
revert to grantor’s heirs. In A’s male line his descendent kallin Singh died without issues in 1903.
Plaintiff claimed that as the heir of grantor to revert back property. mean while Kalin Singh's
widow adopted son. And he claimed as heir of his father. Held that an adopted son is the
continuator of his adoptive father line exactly as a naturally born son hence entitled to the
property of the grant.
In Ananth vs. Shanker (AIR 1943 PC 196): In this case two brother narayan and bikappa died in
1905, 1908 leaving kesar as their heir. Even upon his heir who was collateral by name shanker.
Kesar’s mother widow of bhikappa adopted ananth in 1930 and claimed property from shanker.
P.C held that ananth is deemed to be posthumous child of bhikappa and entitled not only the
share of bhikappa but also narayan’s share as he is nearest in degree compared with shanker.
The rule in ananth vs. shanker is over ruled by S.C in srinivas vs. naryanq (AIR1954S.C 379) S.C
held doctrine of relation back theory cannot be extended to the property inherited from
collaterals only to the extended of Parents alone

22. POSITION OF DOCTRINE FO RELATION BACK AFTER 1956
 Hanumanth rao vs. hanumanthayya (1964(1) pg 156):In this case A and B are brothers and B
died issueless leaving his widow his property had been succeed by ‘A’ his brother. In 1957 B’S
Widow adopted ‘X’ and ‘X’ claimed his father’s share S.C held the adoption under 1956 Act
the widow herself can adopt and so her late husband cannot be treated as a adoptive
father hence not entitled to the share.
 In Krishna murthi vs. Dhruwaj (AIR 1962 (2) SCR 813): In this case’ B’ a coparcener in joint family
died and his father was sole surviving coparcener later on father also died and property has
been inherited by ‘C’ nearest agnate then after death of’ C’ to ‘D’ another sapinda and
then after death of ‘D’ property vested on plaintiff Krishna murthy. At the stage ‘B’ widow
adopted dhruwaraj and he filed suit to recover his father share Full bench of S.C rejected the
contention Krishna murthi and upheld the contention of adopted child.
 sawan ram vs. kalawanthi (AIR 1967 S.C 1761): In this case a widow who was a limited owner
gifted property in 1949. The husband’s reversionary ‘x’ obtained decree that her alienation is
not valid. In 1959 widow adopted ‘B’ and then died question was whether ‘B’ could claim
A’s property S.C held section 5 used the word “by or to a Hindu “ signifies when widow
adopt it is not only to her but to her deceased husband . Held section 12 gives right in
adoptive family and even on deceased father hence adopted child was held to be entitled
to her father’s property.
 In sripad gonjam vs. datta ram kashinath (AIR 1974 S.C 878) S.C explained the meaning of
doctrine of relation back theory “ when a widow adopt a son to her husband , doctrine
makes sonship retrospective from the moment of the death of the late husband “ The
adopted son is deemed to have born on the date of the death of the adoptive father.

23. Position of widow to adopt under old law:
 Mithila School – As per Vasistasmriti no women can give or accept a son unless with
assent of her lord (Husband) and consent of husband during his life time is sufficient.
 Maharastra School – Authority Mayuka: husband assent applies only when adoption
made during husband’s life time.
 Dravida School – In Dattaka Mimansa – Widow can adopt in the name of her with
the consent of nearest sapindas of her husband.
 Ramnad Case – Collector of Madhura Vs. Mootoo Ramalinga Shethu Pathy (1868)
 Zamindar of Madhura died without sons and no authority has given to his wife Rani
Parvatha Vardhini to take adoption. widow after the death of Zamindar made
adoption with the consent of some of the sapindas of her husband. When Collector
denied adoption and wanted to devolve Zamindar property under the Escheat.
Widow on behalf of minor son filed suit for declaration of title as adopted son. Being
the parties to the case are Dravida School, court held adoption taken by widow with
the consent of husband sapindas held adoption is valid

24.  2. annapurnamma vs. appayya (52 mad 620 (FB) ): Widow taken father in law’s
consent to adopt a son was held sufficient
 3. Sri Raghu nanadha deo vs. Krishna rao 1875 (3) IA 154: In a joint family nearest
sapinda consent is sufficient no need to take remote kinsmen consent
 4. veerabasavaraju vs. balasuryaprasada rao 41 MAD 998 (PC 1948 45 IA 265 )… When
family is divided consent of the husband’s divided brother or father in law is sufficient but
ignoring them if widow taken adoption with the consent of remote relatives held is invalid
 Extinction of Hindu widow’s power of adoption:
 Bhoobun moyee vs. ram kishore 10 MIA279
 In this case one Gour kishore authorized his wife chandrabullee to adopt a son She
adopted Bhowani Kishore. Thereafter Gour Kishore Died leaving behind widow and son
bowani Kishore, bhowani kishore also died issue less leaving his widow bhoobun moyee.
Then Chandra bullee adopted ram kishore, boobun adopted rajendra kishore.
 Then Chandra bullee filed through her son ram kishore against bhoobun to divest her
husband’s property.P.C held Chandrabullees power to adopt child extinguished when
she is left with a son and she has not taken consent of bhowani kishore nor bhoobun
hence her adoption was made invalid. Even bhoobun’s adoption of rajendra kishore also
is invalid as she didn’t get any authority from her husband.
 gurunath vs. kamalabai (AIR 1955 S.C 206): held that The power of a widow to adopt
comes to an end by the presence of son or grandson or son’s widow competent to
adopt.

25. POST ACT EFFECT:
 As per Hindu Adoption and Maintenance Act, 1956 now a widow
can effectively adopt a son unless her S, SS, SSS is not alive.
In laxmi narayan vs. padmanabav supudhi (AIR 1973 ORISSA 3)
Widow adopted a child after her son and grand son’s death held
valid.
 In Mudalia vijoba vs.Vasant (AIR 1974 BOM.III): Widow’s
adoption after the death of grandson and remarriage of
grandson’s widow held valid and when grand son’s widow
remarries her power of adoption is revived.

26. Rights of Adoptive Parents:
 13. Right of adoptive parents to dispose of their properties.—
Subject to any agreement to the contrary, an adoption does not deprive the adoptive father
or mother of the power to dispose of his or her property by transfer inter vivos or by will.
 14. Determination of adoptive mother in certain cases.—
 (1) Where a Hindu who has a wife living adopts a child, she shall be deemed to be the
adoptive mother.
 (2) Where an adoption has been made with the consent of more than one wife, the senior
most in marriage among them shall be deemed to be the adoptive mother and the others to
be step-mothers.
 (3) Where a widower or a bachelor adopts a child, any wife whom he subsequently marries
shall be deemed to be the step-mother of the adopted child.
 (4) Where a widow or an unmarried woman adopts a child, any husband whom she marries
subsequently shall be deemed to be the step-father of the adopted child.
 15. Valid adoption not to be cancelled.—No adoption which has been validly made can be,
cancelled by the adoptive father or mother or any other person, nor can the adopted child
renounce his or her status as such and return to the family of his or her birth.

27. Presumptions and Prohibitions
 16. Presumption as to registered documents relating to adoption.—
 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.
 17. Prohibition of certain payments.—
 (1) No person shall receive or agree to receive any payment or other reward in consideration
of the adoption of any person, and no person shall make or give or agree to make or give to
any other person any payment or reward the receipt of which is prohibited by this section.
 (2) If any person contravenes the provisions of sub-section (1), he shall be punishable with
imprisonment which may extend to six months, or with fine, or with both.
 (3) No prosecution under this section shall be instituted without the previous sanction of the
State Government or an officer authorised by the State Government in this behalf.

28. Factum Valet
 The Latin Maxim FACTUM VALET MEANS ‘WHAT OUGHT NOT BE ALONE IS VALID WHEN
DONE ‘
 This doctrine is applied in adoption only in the rules which are merely directory and not mandatory.
 J.MAHMOOD held “ The application of this doctrine in case of adoption should be confined to questions
of formalities , ceremonies , preference in the matter of selection and similar points of moral religious
significance which relate to what may be termed the modus aperandi of adoption but do not affect the
essence.
 P.C applied concept of FACTUM VALET in Sri Blusu vs. sri balusu 22 Mad P.C 398 in this case an
only son was given in adoption under shastric law ‘nayeko putra deyaha “ (an only son should not be
given in adoption . ‘Na jyesta putra deyaha (the eldest son not to be given in adoption) but P.C applied
concept of A factum valet and upheld the adoption but this doctrine has no application to mandatory
texts.
 In lalan ram vs. gobri ram (AIR 1972 ALL540) Allahabad H.C held that the essentials of adoption is
capacity to take , give and be in the adoption which are mandatory and FACTUM VALET cannot be
applied here.
 Hence FACTUM VALET cannot be applied in conditions for adoption.
 But can be applied in performance of conditions, anti or post agreements of adoption etc.

29. CHAPTER IV- REPEALS AND SAVINGS
 29. Repeals.—[Repealed by Repealing and Amending
Act, 1960 (Act 58 of 1960), Section 2 and Schedule J].
 30. Sayings.—Nothing contained in this Act shall affect
any adoption made before the commencement of
this Act, and the validity and effect of any such
adoption shall be determined as if this Act had not
been passed.