The Hindu Adoptions and Maintenance Act, 1956

Scope and application

The Hindu Adoptions and Maintenance Act, 1956 applies throughout India. It applies to Hindus, Buddhists, Jainas and Sikhs, and to certain other people who would have been governed by Hindu law or relevant custom before its enactment.

It generally does not apply to:

• Muslims, Christians, Parsis or Jews.
• Members of a Scheduled Tribe, unless the Central Government directs otherwise by notification in the Official Gazette.

The Act overrides earlier Hindu law, customs and other existing laws to the extent that they conflict with matters covered by it. A custom may still be recognised where the Act permits it and where it has been continuously and uniformly observed, is certain, and is not unreasonable or against public policy.

Adoption requirements

The Hindu Adoptions and Maintenance Act, 1956 makes an adoption void if it does not comply with its adoption provisions. A valid adoption requires capacity in the person adopting and the person giving the child, eligibility of the person adopted, and compliance with the other statutory conditions.

Key conditions include:

• The person adopted must be Hindu and must not already have been adopted.
• The person generally must be unmarried and under fifteen years old, unless an applicable custom permits otherwise.
• A male or female Hindu who is of sound mind and not a minor may adopt, subject to the required consent of a living spouse and the stated exceptions.
• Only the father, mother or guardian may give a child in adoption. A guardian needs prior court permission in the specified circumstances.
• The child must be actually given and taken with the intention of transferring the child into the adoptive family.
• Particular restrictions apply where the adoptive parent already has a son, daughter or specified descendant.
• A twenty-one-year age difference is required for certain adoptions involving an adoptive parent and child of different sexes.

Effect on family and property

The Hindu Adoptions and Maintenance Act, 1956 treats an adopted child as the child of the adoptive father or mother for all purposes from the adoption date. Birth-family ties are generally replaced by adoptive-family ties.

However:

• Property already vested in the child remains with the child, subject to existing obligations.
• The adoption does not remove an estate already vested in another person.
• Adoptive parents retain the power to transfer or bequeath their property, unless an agreement provides otherwise.

These provisions may be relevant when checking ownership, succession and family relationships in a property transaction.

Maintenance

The Hindu Adoptions and Maintenance Act, 1956 covers maintenance for wives, widowed daughters-in-law, children, aged parents and dependants. Maintenance includes food, clothing, residence, education, medical attendance and treatment, as well as reasonable marriage expenses for an unmarried daughter.