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Hindu adoption and maintenance law

Date: 17 Dec 2015   Posted By: vineet     Group: Lawyers    Category: Indian Law   

A childless couple in 50s, belonging to backward caste wants to adopt a son of their childhood friend belonging to a forward caste. They want someone to look after them and their property and to perform rituals after their death. The child is 26 yrs and the natural parents are ready to give their child. In fact the child is living with the backward family for the past 5 yrs. What would be the effect on his caste and category? Will he be treated as backward?
Experts: do respond to my query.

Searching for information about Hindu adoption law among different castes? check out responses from experts on this page.

Author: Pappu    20 Dec 2015      Member Level: Bronze     Points : 1  (Rs 1)    Voting Score: 0

If the childless couple belongs to same religion of the parents and child, then there is no objection.
If difference in religion, then there must be legal agreement signed between both parents with the help of a family lawyer for adoption and rituals.
There is no problem on caste basis as long as religion is same.
God bless you.

Author: Kailash Kumar    21 Dec 2015      Member Level: Platinum     Points : 2  (Rs 2)    Voting Score: 0

As per 'The Hindu Adoptions and Maintenance Act, 1956', the child to be adopted should not be more than 15 years of age unless there is a custom or usage applicable to the parties which permits persons who have completed the age of fifteen years being taken in adoption. Also in such cases where the age of adopted child is more than 15 years, the caste certificate is issued by the District Magistrate after making due inquiries.

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