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Adoption Laws in India

By Dr. Rohini Mahurkar

Published In

Air 2015

In Amarendra Mansingh v. Santan Singh 60 IA 242, the Privy Council was of the view that “the foundation of the Brahmenical doctrine of adoption is the duty which every Hindu owes to his ancestors to provide for the continuance of the line and the solemnization of the necessary rites”. In Bal Gangadhar Tilak v. Shrinivas Pandit 42 IA 135, the Privy Council again observed that adoption among the Hindu is necessary not only for the continuation of the name of the children’s father, but also as a religious means to make those obligations and sacrifices that would permit the soul of the deceased father passing from paradise. Hindu law from the most ancient times had elaborate provisions for adoption as is evident from this quotation from Manu, “He whom his father and mother give to another as his son, provided that the donee has no issue, if the boy be of the same class, and affectionately disposed, is considered as a son given, the gift being confirmed by ....

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