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CHAPTER I – PRELIMINARY 1. Short title and extent. (1) This Act may be called the Hindu Adoptions and Maintenance Act, 1956. (2) It extends to the whole of India except the State of Jammu and Kashmir. Read Hindu Adoptions and Maintenance Act on a single, systematic page. Download PDF forKeep Reading

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2. Application of Act. (1) 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 orKeep Reading

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3. Definitions. In this Act unless the context otherwise requires- (a) the expressions “custom” and “usage” signify any rule which, having been continuously and uniformly observed for a long time, has obtained the force of law among Hindus in any local area, tribe, community, group or family; Provided that theKeep Reading

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4. Overriding effect of Act. Save as otherwise expressly provided in this Act- (a) any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immediately before the commencement of this Act shall cease to have effect with respect to anyKeep Reading

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CHAPTER II – ADOPTION 5. Adoptions to be regulated by this Chapter. (1) No adoption shall be made after the commencement of this Act by or to a Hindu except in accordance with the provisions contained in this Chapter, and any adoption made in contravention of the said provisions shallKeep Reading

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6. Requisites of a valid adoption. No adoption shall be valid unless- (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;Keep Reading

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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 theKeep Reading

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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, see shall not adopt a son or daughterKeep Reading

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9. Persons capable of giving in adoption. (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 rightKeep Reading

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10. Persons who may be adopted. 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 isKeep Reading

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11. Other conditions for a valid adoption. In every adoption, the following conditions must be complied with:- (i) if any 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 byKeep Reading

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12. Effect of adoptions. 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 herKeep Reading

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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. Read Hindu Adoptions and Maintenance ActKeep Reading

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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 themKeep Reading

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15. Valid adoption not to be cancelled. No adoption which had 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. ReadKeep Reading

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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 courtKeep Reading