there as a
witness and not as a party to the adoption. The adoption
was not contemporaneous with this document and so this
document cannot ... When the factum of giving and taking is not
proved, the adoption becomes void and so other things
need not be considered. However
6755.14.doc
5. "Adoption 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
provisions
contained in this Chapter, and any adoption made in
contravention of the provisions shall be void ... Section 5 (2) of the Act further declares that an
adoption which is void shall neither create any rights in
the adoptive family in favor
seeking relief of declaration to declare a registered adoption
deed to be null and void which was executed by Late Sandhya Kapoor. In
such circumstance ... that plaintiff is seeking to
Page No. 3/4
declare adoption deed null and void. A registered document can be declared
null and void only
valid adoption wife's consent must be obtained prior to
adoption and cannot be subsequent to an act of adoption as per
proviso ... adoption without wife's consent would be void. Similar, therefore,
should be interpretation of the proviso to sub-section (2) of
Section 9 . Therefore
which is apparent from the adoption deed and such recital is in the adoption deed itself. To regularise such adoption in accordance ... legalise the said adoption, adoption deed has been executed on 11.09.2000 and was registered. The said registered adoption deed has not been challenged
condition
for a valid adoption required that in case of adoption of a
son, the mother by whom the adoption is made must not
have ... have requisite capacity to take in
adoption or the right to take in adoption is null and void."
10. The court below has considered
plaintiff. Defendant No.1 also prepared a
bogus adoption deed dated 22.10.1990. In case, the impugned
adoption deed was executed by late Fazruddin, there ... impugned Will dated 25.11.2005 as well as adoption deed
dated 22.10.1990 were illegal, null and void. He also sought a decree
for permanent injunction restraining
adoption of the defendant
Narender Singh on the ground that the adoption of defendant Narender Singh by
them was null and void since the required ... challenge the
indicated adoption deed, inter-alia pleading that the adoption of the
defendant by them was null and void. The learned counsel for petitioners
suit filed by the plaintiffs, they prayed for
a declaration that the adoption deed No.53 dated 31.01.1997
GURSHARAN SINGH KANG ... basis of adoption
deed dated 31.01.1997 and Will dated 03.02.1997. Both the
documents were purported to be illegal, null and void and not
binding
