Search Results Page
Search Results
1 - 10 of 42 (0.77 seconds)The Indian Succession Act, 1925
Section 37 in The Indian Succession Act, 1925 [Entire Act]
Section 29 in The Indian Succession Act, 1925 [Entire Act]
Section 25 in The Indian Succession Act, 1925 [Entire Act]
Section 1 in The Indian Succession Act, 1925 [Entire Act]
Madhusudan Das vs Smt. Narayani Bai And Others on 25 November, 1982
Adoption by a Hindu converted to Christianity as a matter of fact, is not opposed to the philosophy and ethics of Christianity. the essence of which lies in the principles of non-violence, love, compassion, sacrifice, service to suffering humanity, truth, goodness and beauty which have endured the Christianity as a religion for long, and not the rituals prescribed for entering into the order of Christianity nor even the rules governing civil life of the Christian community. In case the convert has chosen to abide by the customary law of adoption, then the validity of adoption would be tested on the anvil of requisites of adoption as prescribed by the custom and in case, there exists no such custom, a childless Hindu converted to Christianity may in exercise of his fundamental right to life, adopt a child and in the case the only formality in order to constitute valid adoption would be a physical act of giving and taking "a ceremony Imperative in all adoptions" and this requisite is satisfied in it s essence only by actual delivery and acceptance of boy and since an adopted child seeks to displace the natural succession of property by alleging adoption, he must discharge the burden that lies upon him by proof of the factum of adoption and its validity. The evidence in proof of the adoption should be free from all suspicion of fraud and so consistent and probable as to give no occasion as to doubting the truth Madhusudan Das v. Narayani Bai, AIR 1983 SC 114. I am, therefore, of the view that customary law applicable to Indian Christians before their conversion to Christianity, will continue to govern them in matters not specifically
covered by any principle or tenet of Christianity being professed by the individual concerned provided that such customs and usages remained in vogue even after conversion. It may be pertinent to refer to the introductory passages of the Hindu Adoption and Maintenance Bill in which it has been stated thus : "Indian Majority Act. 1875, exempted adoption from the purview of it s provisions while Indian Succession Act. 1925, specifically recognised the Hindu usage of adoption". Reference may be had to Schedule III of the Act.
Section 2 in The Indian Succession Act, 1925 [Entire Act]
Section 24 in The Indian Succession Act, 1925 [Entire Act]
Anthonyswamy vs M. R. Chinnaswamy Koundan (Deed) By L. ... on 6 October, 1969
property which finds its approval in Anthonyswamy v. M. R. Chinaswamy, AIR 1970 SC 223. wherefrom the principle deduclble is that if it had been intended by a Hindu converted to Christianity to be governed by the law he was governed before and such law had in fact been followed in continuity conversion he would continue to be governed by such law even after embracing Christianity on matters not specifically covered by any Statutory law or tenet or rule of Christianity one is professing.