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dated August 25, 1956: New law on adoptions

Hindus may adopt both boys and girls as their heirs and a Hindu widow may adopt a child in her own right, according to the provisions of the Hindu Adoptions and Maintenance Bill introduced in the Rajya Sabha on August 23. The Bill, seeking to codify and amend the law relating to adoption and maintenance amongst Hindus, was introduced by Mr. H.V. Pataskar, Minister for Legal Affairs. This is the fourth part of the Hindu Code. Three earlier parts relating to marriage, succession and minority and guardianship have already been enacted. Under another provision of the Bill no person need be divested of any property which had vested in him by reason only of the fact that subsequent to such vesting any adoption had been made. This rule of divesting, the cause of many a ruinous litigation, is now sought to be abrogated. For an adoption to be valid, it will have to satisfy four conditions: (1) The person adopting has the capacity and right to take in adoption, (2) the person giving in adoption has the capacity to do so, (3) the person adopted is capable of being taken in adoption and (4) the adoption is made in compliance with certain other provisions laid down in this measure.

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