Hindu law allows for adoption when a family has no sons or daughters. Traditionally, only the father or mother could give a child for adoption, derived from their role in conceiving the child. The Hindu Adoption and Maintenance Act modernized adoption, making it a secular institution and removing old restrictions. Adoption creates an equal relationship between the adopted son and the natural son in both temporal and spiritual matters. Under Hindu law, an unmarried man of sound mind can adopt, so long as he has no sons or grandsons, and his wife's consent is not required for the adoption.
Adoption can be legal as well as illegal in India(Only Legal adoption recognized and Valid).
Under Indian law adoption is legal coalition between the party willing for adoption and a child,
Subject matter of ‘personal law’ where Hindu, Buddhist, Jaina or Sikh by religion can make a legal adoption.
No separate adoption laws for Muslims, Christians and Parsis, so they have to approach court under the Guardians and Wards Act, 1890 for legal adoption.
According to section 2(aa) of the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006, “adoption means the process through which the adopted child is permanently separated from his biological parent and becomes the legitimate child of his adoptive parents with all right, privileges and responsibility that are attached to the relationship”.
Adoption can be legal as well as illegal in India(Only Legal adoption recognized and Valid).
Under Indian law adoption is legal coalition between the party willing for adoption and a child,
Subject matter of ‘personal law’ where Hindu, Buddhist, Jaina or Sikh by religion can make a legal adoption.
No separate adoption laws for Muslims, Christians and Parsis, so they have to approach court under the Guardians and Wards Act, 1890 for legal adoption.
According to section 2(aa) of the Juvenile Justice (Care and Protection of Children) Amendment Act, 2006, “adoption means the process through which the adopted child is permanently separated from his biological parent and becomes the legitimate child of his adoptive parents with all right, privileges and responsibility that are attached to the relationship”.
Intricacies involved in the Child Custody and Guardianship in Hindus, Muslims, Christians and parsis residing in India. Under which circumstances Court can order Custody of a Child to any parent and Gaurdianship of a Child.
Position of humans under different personal laws Shreya Chaurasia
People of India belong to different religions and faiths. They are governed by different sets of personal laws in respect of matters relating to family affairs i.e. marriage, divorce, succession, etc. Indian personal law is fairly complex, with each religion adhering to its specific laws. Separate laws govern Hindus, Muslims, Christians, Sikhs and followers of other religions. But not much progress has been made towards achieving the ideal of a uniform civil code which still remains a distant dream.
Position of humans is different under Hindu, Muslim, Christian as well as other personal laws with respect to Marriage, Divorce, Maintenance, Succession etc.
Legitimacy, Legitimation and Adoption under Private International Lawcarolineelias239
For matters concerning children, and their succeeding rights over parental property is being questioned on the basis of legitimacy or illegitimacy. Legitimation is allowed to convert the status of illegitimacy ti legitimate. Adoption also assures the welfare of the children.
Legal Arrangements Regarding the Adoption of Children in Indonesiainventionjournals
The adoption of a child to be one way to get custody of the child. Indonesian law gives freedom to every citizen of both Indonesian citizens and foreign nationals to adopt a child to meet all the applicable procedures in order to ensure the survival of children and prevent children from the loss of the future.
This Guide is intended to help every Hindu whether living in India or outside India to prepare a Will. While the primary focus is on Indian law, it also takes into account essentials of international private law. Written in simple language free of legalese, it gives an overview of Wills for an educated Hindu without any legal knowledge.
A chapter gives legal aspects of executing Advance Medical Directives (Living Will) as per March 2018 judgment of Supreme Court of India. A Sample of Advance Medical Directives is also included.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Intricacies involved in the Child Custody and Guardianship in Hindus, Muslims, Christians and parsis residing in India. Under which circumstances Court can order Custody of a Child to any parent and Gaurdianship of a Child.
Position of humans under different personal laws Shreya Chaurasia
People of India belong to different religions and faiths. They are governed by different sets of personal laws in respect of matters relating to family affairs i.e. marriage, divorce, succession, etc. Indian personal law is fairly complex, with each religion adhering to its specific laws. Separate laws govern Hindus, Muslims, Christians, Sikhs and followers of other religions. But not much progress has been made towards achieving the ideal of a uniform civil code which still remains a distant dream.
Position of humans is different under Hindu, Muslim, Christian as well as other personal laws with respect to Marriage, Divorce, Maintenance, Succession etc.
Legitimacy, Legitimation and Adoption under Private International Lawcarolineelias239
For matters concerning children, and their succeeding rights over parental property is being questioned on the basis of legitimacy or illegitimacy. Legitimation is allowed to convert the status of illegitimacy ti legitimate. Adoption also assures the welfare of the children.
Legal Arrangements Regarding the Adoption of Children in Indonesiainventionjournals
The adoption of a child to be one way to get custody of the child. Indonesian law gives freedom to every citizen of both Indonesian citizens and foreign nationals to adopt a child to meet all the applicable procedures in order to ensure the survival of children and prevent children from the loss of the future.
This Guide is intended to help every Hindu whether living in India or outside India to prepare a Will. While the primary focus is on Indian law, it also takes into account essentials of international private law. Written in simple language free of legalese, it gives an overview of Wills for an educated Hindu without any legal knowledge.
A chapter gives legal aspects of executing Advance Medical Directives (Living Will) as per March 2018 judgment of Supreme Court of India. A Sample of Advance Medical Directives is also included.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
Responsibilities of the office bearers while registering multi-state cooperat...Finlaw Consultancy Pvt Ltd
Introduction-
The process of register multi-state cooperative society in India is governed by the Multi-State Co-operative Societies Act, 2002. This process requires the office bearers to undertake several crucial responsibilities to ensure compliance with legal and regulatory frameworks. The key office bearers typically include the President, Secretary, and Treasurer, along with other elected members of the managing committee. Their responsibilities encompass administrative, legal, and financial duties essential for the successful registration and operation of the society.
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
Military Commissions details LtCol Thomas Jasper as Detailed Defense CounselThomas (Tom) Jasper
Military Commissions Trial Judiciary, Guantanamo Bay, Cuba. Notice of the Chief Defense Counsel's detailing of LtCol Thomas F. Jasper, Jr. USMC, as Detailed Defense Counsel for Abd Al Hadi Al-Iraqi on 6 August 2014 in the case of United States v. Hadi al Iraqi (10026)
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
2. Hindu LAW
Presented By:
Azizul Islam
ID: 222911001
Department of Law
Green University of
Bangladesh
Presented To:
Nushera Tazrin Darin
Lecturer
Department of English
Green University of
Bangladesh
adoption
3. Adoption is an act of giving and taking a child, male or female into the family
having no son or daughter. Under the Shastric Law, only the father or mother
could give a Child in Adoption. according to the Smritis, this power was derived
from their having begotten the child. The new law allows the adoption of an
orphan the power to give the orphan in adoption. The safeguard provided is that
the guardian should obtain the permission of the court for giving the child in
adoption. The Hindu Adoption and Maintenance Act, made Adoption a secular
institution. It lays down various provisions relating to adoption and maintenance.
The Act removed the restrictions under old law.
INTRODUCTION
4. Hindu philosophers say “a man born with three debts:
i. Debts to rishis (sages);
ii. Debt to Gods and;
iii. Debts to ancestors.” These debts are discharged by giving birth to a
male child who studies the Vedas and offers sacrifice. For the same
reason, Son is given great importance in Hindu Law.
Why do Hindus need to adopt?
5. Adoption in Hindu Law is a formal act having far-reaching consequences
material as well as spiritual and it is generally evidenced by a document.
By adoption, a person passes out of the family to which he belonged by
birth and is transplanted into the family which adopts him.
Perumal Vs. Government of Pakistan. 15 DLR (1963) (SC) 58.
Therefore, we can say;
An adopted son is creation of law;
An adopted son stats on an equal footing with natural son in the
matter of both temporal an spiritual fact.
Adoption in Hindu Law is a formal act
6. Who may adopt?
I. A man, who is sound mind and already achieved his uponoyon age.
II. Adopted father must not have any son or son’s son how low so ever,
whether that son or son’s son is natural or adopted.
III. He might be married, unmarried or widower; if he is married his
wife’s consent is not necessary.
IV. Adoption can be done if at the time of adoption the adopted father’s
wife is pregnant.
V. A minor may adopt and give authority to his wife to adopt.
VI. Impurity by birth or death of a relation does not validate an adoption.
7. Can woman adopt?
i. An unmarried woman cannot adopt.
ii. A married woman cannot adopt of herself but can adopt for
her husband if the husband permits her to do so.
iii. A widow can adopt for her husband if he permits her before
his death.
8.
9. Some important points about Hindu Adoption
i. No formal ritual is needed for adoption of Sudra.
ii. An adoption once made cannot be cancelled.
Adoption under Hindu Law in Bangladesh faces a lot of
criticism but no changes have made so far and one of the
reasons is people do not understand the details of Hindu
adoption law. It is our duty to spread the correct knowledge
for positive change.