(Problems and solution based on Hindu Adoption and maintenance Act 1956)
1) In 1950, A made an adoption in Goda form. One incident of Goda Datta Customary adoption is that it can be cancelled. In 1970, A wants to cancel the adoption, can he do so ?
Solution --
Section 15 is applicable only to adoptions made under the Act, i.e., after its commencement. Since the adoption was made before the Act came into force, Sec. 15 does not apply. The incident of cancellation being attached to the Goda Datta form of adoption, it may be exercised even after the Act came into force
Mathews, j, dissented. According to the minority view, the custom (together with its incidents) is abolished by Sec. 4. So the adoption cannot be cancelled. In the view of the majority, the custom, no doubt, stands abolished from the commencement of the Act, but as to adoptions made under that custom prior to the Act, they would continue, to carry with them the incidents attached to them.
2) A dies leaving behind his widow B. B adopts C with an ante- adoption agreement by which she agrees that C shall have rights to the property of her deceased husband, A. B thereafter sells property inherited by her from A. C challenges the alienation.
Solution --
These are the fact of Banabai v. Wasudev, where it was held that C cannot challenge the alienation and his adoption does not affect vested rights. So the widow can alienate what is vested in her. The ante-adoption agreement is not a conveyance or transfer. So the transfer by the widow to a third party is not invalidate because of the ante-adoption agreement.
3) A's property is inherited by his brother B. The illegitimate daughter of A claims maintenance from B.
Solution --
An illegitimate daughter had no rights under the Hindu law. Her position has now been improved. She has a claim to maintenance during her minority against both her mother and putative father. On the death of either or both parents she can claim her maintenance the property by testamentary succession. This right continues so long as she is unmarried. So under the Act of 1956 the claim of the illegitimate daughter is tenable
1) In 1950, A made an adoption in Goda form. One incident of Goda Datta Customary adoption is that it can be cancelled. In 1970, A wants to cancel the adoption, can he do so ?
Solution --
Section 15 is applicable only to adoptions made under the Act, i.e., after its commencement. Since the adoption was made before the Act came into force, Sec. 15 does not apply. The incident of cancellation being attached to the Goda Datta form of adoption, it may be exercised even after the Act came into force
Mathews, j, dissented. According to the minority view, the custom (together with its incidents) is abolished by Sec. 4. So the adoption cannot be cancelled. In the view of the majority, the custom, no doubt, stands abolished from the commencement of the Act, but as to adoptions made under that custom prior to the Act, they would continue, to carry with them the incidents attached to them.
2) A dies leaving behind his widow B. B adopts C with an ante- adoption agreement by which she agrees that C shall have rights to the property of her deceased husband, A. B thereafter sells property inherited by her from A. C challenges the alienation.
Solution --
These are the fact of Banabai v. Wasudev, where it was held that C cannot challenge the alienation and his adoption does not affect vested rights. So the widow can alienate what is vested in her. The ante-adoption agreement is not a conveyance or transfer. So the transfer by the widow to a third party is not invalidate because of the ante-adoption agreement.
3) A's property is inherited by his brother B. The illegitimate daughter of A claims maintenance from B.
Solution --
An illegitimate daughter had no rights under the Hindu law. Her position has now been improved. She has a claim to maintenance during her minority against both her mother and putative father. On the death of either or both parents she can claim her maintenance the property by testamentary succession. This right continues so long as she is unmarried. So under the Act of 1956 the claim of the illegitimate daughter is tenable
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