adoption before 03.12.2019.
35. Mr. Malhotra also referred to Section 5 (2) of the Act of 1956 to
submit that an adoption that is void ... said Act, and that any adoption made in
contravention of the provisions thereof would be void.
36. Thus, the contention of learned Amicus Curiae
matter of adoption unless it has been specifically so provided.
The Act has provided detailed procedure, qualifications and other requisite
conditions of adoption. Section ... adoption made in contravention of the said provisions
shall be void and a void adoption neither create any right in favour of any
person which
assailed the findings regarding the adoption deed being null and
void. He submits that adoption deed dated 08.08.1996 could not be
delcared null and void ... that basis he succeeded
in proving that adoption deed was null and void. There is no ground
registered document purporting to
record an adoption until and unless it is disproved. The adoption deed had not
been challenged. However, the Full Bench found ... this read with the provisions of Section 5 making an adoption void in
such eventuality, the legal presumption under Section 16 of the said
this
section.
5. Adoptions to be regulated by this Chapter- (1) No
adoption shall be made after the commencement of this ... adoption
made in contravention of the said provisions shall be void.
(2) An adoption which is void shall neither create any rights in
the adoptive
minor."
21. Similarly, under The Hindu Adoption and Maintenance Act,
1956 , the procedure of adoption is laid down in Chapter 2 and Section ... adoption made in
contravention of the said provision shall be void.
(2) An adoption which is void shall neither create any rights in
the adoptive
after having
been adopted vide adoption deed dated 13.3.2003. However, the said
adoption deed has been declared null and void because the civil court ... rights of the petitioner were severed because of her adoption by
way of adoption deed dated 13.3.2003, therefore, she had applied for the
issuance
Sahdev Singh had been adopted by Tara Chand but the adoption was null and void because the same was in contravention of the provisions ... suit was partly decreed. The adoption of Sahdev Singh by Tara Chand was declared null and void. The Will was also declare void and only
Chapter II of
the Act and any adoption made in contravention of the said provision shall
be void. The provisions of Section ... adoption made in contravention of the
said provision shall be void.
(2) An adoption which is void shall neither create
any rights in the adoptive
suit preferred
by him for declaration that the adoption deed dated
15.02.2006 is null and void has been dismissed.
Learned counsel for the appellant/plaintiff ... circumstances and,
therefore, it has to be treated as null and void.
The adoption deed was registered in the office of SubSub-
Registrar, Charkhi Dadri
