Court : Kerala
Reported in : II(2005)DMC433; 2005(3)KLT178
..... the natural father. according to learned counsel, under the hindu adoptions and maintenance act, 1956, the statute which deals with adoptions among hindus in india and under the hindu minority and guardianship act, 1956, the statute dealing with minority and guardianship among hindus and also under the guardians and ..... attention to section 9(4) of the statute, learned counsel submitted that the court which has the power in kerala context to grant permission to parties in the matter of adoption is the district court which was moved by the petitioner. learned counsel referred to section 7 of the hindu minority and guardianship act, 1956 and submitted that upon adoption the natural guardianship of the adopted son during his minority passes to the adoptive father from ..... maintenance act, 1956 read with section 13(1) of the hindu minority and guardianship act, 1956 seeks revision of the order of the learned district judge dismissing the original petition as not maintainable. the original petition was filed by the revision petitioner before the district court, kollam seeking an order of declaration that he is the adopted son of the 3rd respondent, a citizen of the united kingdom. petitioner's natural .....Tag this Judgment!
Court : Mumbai
Reported in : 2008(1)ALLMR259; 2007(5)BomCR528
..... that the intimation given by the brother of the petitioner could not be said to be legally proper and correct. he invited my attention to section 7 of the hindu minority and guardianship act, 1956 and submitted that adoptive mother became the natural guardian of adopted son and, as such, annapurnabai could have given intimation on his behalf. he further submitted that, in fact, it had come on record that the ..... connected with the suit property can never be construed to be an intimation within the meaning of section 14(1)(a) or section 25(2) of the said b.t. & a.l. act. the natural mother of the petitioner during the period when the petitioner was a minor having issued the rent receipts and having given evidence before authorities that she had received rent, there ..... view, submission made by the learned counsel appearing on behalf of the petitioner that the intimation given by natural brother of the petitioner should be construed as an intimation within the meaning of section 14(1)(a) and section 25 sub-clause (2) of the said act cannot be accepted. the judgment on which the reliance is placed by the petitioner in the case ..... was no occasion for the tenants respondents herein to have taken any cognizance of such notices being issued by the natural .....Tag this Judgment!
Court : Chennai
..... petitioner, who is the son of 5th respondent, was given in adoption to sangan poosari as his son and the adoption deed was registered on 25.01.1996. as per section 7 of the hindu minority and guardianship act, 1956, the natural guardianship of an adopted son, who is a minor, passes, on adoption, to the adoptive father and after him, to the adoptive mother. thus, from the date of adoption, the petitioner has become the son of sangan poosari. the ..... said sangan poosari died on 01.10.1996. on the death of sangan poosari, a permanent vacancy has occurred in the office of trusteeship. hence, the petitioner has filed a petitioner under section ..... the proceedings under section 54 of the hr & ce act is a quasi judicial proceedings, which requires necessary enquiry. but, proceedings dated 04.09.1997 has been passed without making her a party. section 54(3) makes it mandatory to consider the claims of the members of the family. the 2nd respondent is the natural daughter. writ petitioner is claimed to be adopted son of sangan .....Tag this Judgment!
Court : Gujarat
Reported in : (1992)2GLR1317
..... be justified in overlooking the provisions of section 7 of the hindu minority and guardianship act, which provide that, a natural guardianship of an adopted son, who is minor, passes, on adoption, to the adoptive father and after him to the adoptive mother. the provisions of section 7 of the hindu minority and guardianship act, 1956, are a necessary corollary to the provisions of section 12 of the hindu adoptions and maintenance act which, inter alia, provide that an adopted child is demand to be the ..... child of his or her adoptive father or ..... case may be by virtue of the provisions of section 12 of the hindu adoptions and maintenance act and section 7 of the hindu minority and guardianship act. since the hindu minority and guardianship act had come into force before the passing of the hindu adoptions and maintenance act, section 7 of the hindu minority and guardianship act speaks only of the natural guardianship of an adopted son and does not refer to that of adopted daughter. however, since adoption of a daughter is now recognised under the .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1973Raj7; 1972()WLN623
..... explanation clearly suggests that the stepfather and step-mother are not considered the natural guardians. it will be pertinent to mention here that section 7 of the hindu minority and guardianship act specifically lays down that the natural guardianship of an adopted son who is a minor passes, on adoption, to the ad-optive father and after him to the adoptive mother. there is no substance in the suggestion of the learned counsel ,witth ..... was in error in deciding issue no. 1-a as a preliminary issue as it did not involve a pure question of law.7. taking up the first contention of the learned counsel for ..... (1) that the step-mother was competent to give a step-son in adoption; and (2) that at any rate the ceremony of giving and taking is not necessary in a case of an adoption of an adult person under the provisions of the hindu adoptions and maintenance act of 1956 (here-inafter referred as the act). an ancillary argument was also raised that the learned trial judge .....Tag this Judgment!
Court : Karnataka
Reported in : ILR1987KAR336
..... void and not binding on the members of the joint family of late srinivas patil.5. an appeal filed by the adopted son shankar in r.f.a. no ..... the natural father of adopted son shankar. the trial court after appreciating the evidence on record in that behalf came to the conclusion that the sale by the natural father of the properties belonging to the family of srinivas patil was not competent, inasmuch as he was neither the natural guardian of shankar nor the legal guardian. the sales in question were clearly hit by sections 7 ..... by name sharadabai. srinivas patil died issueless in the year 1952. thereafter the senior wife sharadabai adopted one shankar. the adoption took place in 1962. the adoption itself is not in dispute. however, in 1962, soon after the adoption, the natural father of shankar, who was at that time a minor, sold two properties, r.s. nos. 283 and 279 on 12-5-1961 and 15 ..... and 8 of the hindu minority and guardianship act, 1956 read together. in the result, the trial court declared the sales in question to which we have adverted as null and .....Tag this Judgment!
Court : Chennai
Reported in : AIR2007Mad210; 2008(1)MhLj801
..... to act as the natural guardian of a minor under the provisions of this section -(a) if he has ceased to be a hindu, or(b) if he has completely and finally renounced the world becoming a hermit (vanaprastha) or an ascetic (yati or sanyasi).7. natural guardianship of adopted son.- the natural guardianship of an adopted son who is a minor passes, on adoption, to the adoptive father ..... certainly not large by english standards, but is not so low as not to enable her to take reasonable care of the boy.9. section 6 of the hindu minority and guardianship act, 1956 constitutes the father as the natural guardian of a minor son. but that provision cannot supersede the paramount consideration as to what is conducive to the welfare of the ..... interim custody and, therefore, it cannot be said that she had willfully violated any order of the competent court.22. a bare reading of section 13 of the hindu minority and guardianship act, 1956 and the various decisions noticed earlier, leaves no room for doubt that notwithstanding the so called right of either parents to be the guardian, ..... the children and visitation rights.16. parties being admittedly hindu, obviously the hindu minority and guardianship act, 1956 is applicable. sections 6 and 7 of such act being relevant, are extracted hereunder:6. natural guardians of a hindu minor.- the natural guardians of a hindu minor, in respect of the minor's person as well as in respect of the minor's property (excluding his or her undivided interest in .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2009KAR118; 2009(4)KarLJ404; 2009(1)KCCR410; 2009(4)KLJ404; 2009(2)AIRKarR14; AIR2009NOC1272.
..... suit schedule properties. to address this question, it would be useful to examine the tenor of section 6, 8 and 12 of the hindu minority and guardianship act, 1956.section 6 above provides that the natural guardians of a hindu minor, in respect of the minor's person as well as in respect of the minor's property (excluding his or her undivided interest in joint family property), are in the case ..... hindu minority and guardianship act, 1956, the alienation was at best voidable and not void, and since plaintiffs 1 &2 had brought the suit on their behalf as well and the suit having been dismissed in so far as item no. 1 of the schedule is concerned on the ground of limitation, the liability of the defendant purchaser to answer the challenge stood discharged under section 7 ..... law brings in a new male member.again it is to be remembered that the adopted son is the continuator of his adoptive father's line exactly as an aurasa son , and that an adoption , so far as the continuity of the line is concerned has a retrospective effect: whenever the adoption may be made there is no hiatus in the continuity of the line. in ..... behalf of plaintiffs 3 and 4, who would have had an independent right to challenge the alienation on attaining majority, it cannot be said that the suit was covered under section 7 and therefore, the finding that the bar of limitation applied to plaintiffs 3 and 4 as well, since the suit was brought beyond the period of three years after attaining .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1989Cal165,93CWN256
..... domiciled in the territories to which this act ..... the properties of a hindu under the hindu succession act of 1956 and a non-hindu mother can very well become the adoptive mother of a hindu son adopted by her hindu husband.7. but the proviso to section 6 appears to strike a somewhat different note, which reads as under : --'provided that no person shall be entitled to act as a natural guardian of a minor under the provisions of this section -- (a) if he ..... of the relevant provisions in section 3, hindu minority and guardianship act, 1956, which again are in pari materia with the corresponding provisions in section 2, hindu marriage act, 1955, and the hindu succession act and the hindu adoption and maintenance act of 1956. under section 3(3), hindu minority and guardianship act, the expression 'hindu' in the act shall include all persons to whom the act would apply under section 3(1) and under section 3(1)(c), the act would apply 'to any ............person .....Tag this Judgment!
Court : Chennai
..... way - the interest of the child being the paramount consideration. 8. the hon'ble supreme court of india concluded that section 6(a) of the hindu minority and guardianship act, 1956 itself recognises that both the mother and the father ought to be treated as natural guardians and the expression after therefore shall have to be read and interpreted in a manner so as not to defeat ..... follows; 32. as regards the concept of guardianship, both the parents under the hindu law were treated as natural guardians, of the persons and the separate property of their minor children, male or female except, however, that the husband is the natural guardian of his wife howsoever young she might be and the adopted father being the natural guardian of the adopted son. the law, however, provided that upon ..... putative father and desirous of making her son her nominee in all her savings and other insurance policies, she took steps in this direction, but was informed that she must either declare the name of the father or get a guardianship / adoption certificate from the court. accordingly, she filed an application under section 7 of the guardians and wards act, 1890 before the competent court to .....Tag this Judgment!