Question

Which of the following is a condition for a valid adoption under the Hindu Adoption and Maintenance Act, 1956?

• A. The adopter must be of sound mind.
• B. The adoptee must be a minor.
• C. The adoption must be registered with the local authority.
• D. Both A and B

Hint:

For a valid Hindu adoption, you need a capable adopter (e.g., of sound mind) and a capable adoptee (e.g., generally a minor). Both conditions must be met.

Answer 1

The Correct Option is D

The Hindu Adoptions and Maintenance Act, 1956, lays down several mandatory conditions for a valid adoption. \[\begin{array}{rl} \bullet & \text{**Section 7** requires that any male Hindu who wishes to adopt must be of **sound mind** and not a minor. (A is correct).} \\ \bullet & \text{**Section 10** states the persons who may be adopted. It requires the child to be a Hindu and not already adopted. Crucially, it also states that the child must not have completed the age of fifteen years (**a minor**), unless there is a custom or usage applicable to the parties which permits adoption of older children. (B is correct).} \\ \bullet & \text{Registration is not a mandatory condition for the validity of the adoption itself, although a registered adoption deed creates a presumption of validity (Section 16).} \\ \end{array}\] Since both (A) and (B) are essential conditions, (D) is the correct answer.