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SAURABH SHYAM SHAMSHERY
Ashok Kumar – Appellant
Versus
D. D. C. – Respondent
JUDGMENT :
Saurabh Shyam Shamshery, J.
1. Heard Sri Pradeep Kumar Rai, learned counsel for petitioner and Sri Somitra Anand, Advocate, holding brief of Sri Rahul Sahai, learned counsel for contesting respondents.
2. Present proceedings are arising out of objections filed under Section 9-A(2) of U.P. Consolidation of Holdings Act. Petitioner filed objection on basis of a registered adoption deed dated 12.05.1967, whereas other two objections were filed on basis of an unregistered will and on basis of inheritance.
3. The Consolidation Officer by an order dated 25.04.1977 rejected objections filed by the petitioner and held that adoption proceedings were not legal and were not in accordance with law so much as that adoption deed was not signed by adopted mother, therefore, a mandatory condition was not complied with. Similarly, objections on basis of an unregistered will was also rejected. Objection on basis of inheritance was only accepted. Findings returned in regard to adoption are reproduced hereinafter:
4. In aforesaid circumstances, the petitioner as well as other filed two appeals before Assistant Settlement Officer Consolidation. The Appeal of petitioner was allowed by an order dat
The court affirmed that for a valid adoption, the consent of the adopting father's wife and proof of the ceremony of giving and taking are mandatory under the Maintenance and Adoption Act, 1956.
The validity of an adoption requires strict compliance with statutory conditions, including the consent of the biological mother, and such conditions were not met in this case.
Adoption requires strict adherence to legal prerequisites, including consent from both biological parents, making an invalid registration insufficient for legitimacy.
The burden of proof lies on the claimant to establish valid adoption as per statutory requirements; registered deeds are rebuttable and do not eliminate the need for actual proof.
Point of law: Section 6(i) of the Act requires that the person who wants to adopt a son or a daughter must have the capacity and also the right to take in adoption. Section 8 speaks of what is descri....
An adoption deed executed prior to mandatory registration requirements is valid and does not necessitate stamping or registration for property rights.
An unregistered adoption deed executed before the 1977 amendment does not invalidate the adoption, and presumption of compliance with the Act applies unless disproved.
An adoption deed, once registered, is presumed valid under Section 16 of the Hindu Adoption and Maintenance Act unless disproved, and courts must provide reasons for any conclusions drawn against its....
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