Sections Particulars
Chapter I Preliminary
1 Short title and extent
(1) This Act may be called the Hindu Adoptions and Maintenance Act, 1956. (2) It extends to the whole of India except the State of Jammu and Kashmir. ...
2 Application of Act
(1) This Act applies- (a) to any person, who is a Hindu by religion in any of its forms or developments, including a Virashaiva, a Lingayat or a follower of t...
3 Definitions
In this Act, unless the context otherwise requires,- (a) the expressions "custom" and "usage" signify any rule which, having been continuously and uniformly ob...
4 Overriding effect of Act
Save as otherwise expressly provided in this Act,- (a) any text, rule or interpretation of Hindu law or any custom or usage as part of that law in force immedi...
Chapter II Adoption
5 Adoptions to be regulated by this Chapter
(1) No adoption shall be made after the commencement of this Act by or to a Hindu except in accordance with the provisions contained in this Chapter, and any ...
6 Requisites of a valid adoption
No adoption shall be valid unless- (i) the person adopting has the capacity, and also the right, to take in adoption; (ii) the person giving in adoption has th...
7 Capacity of a male Hindu to take in adoption
Any male Hindu who is of sound mind and is not a minor has the capacity to take a son or a daughter in adoption: that, if he has a wife living, he shall not ad...
8 Capacity of a female Hindu to take in adoption
Any female Hindu- (a) who is of sound mind, (b) who is not a minor, and (c) who is not married, or if married, whose marriage has been dissolved or whose husba...
9 Persons capable of giving in adoption
(1) No person except the father or mother or the guardian of a child shall have the capacity to give the child in adoption. (2) Subject to the provisions of 3[...
10 Persons who may be adopted
No person shall be capable of being taken in adoption unless the following conditions are fulfilled, namely,- (i) he or she is Hindu; (ii) he or she has not al...
11 Other conditions for a valid adoption
In every adoption, the following conditions must be complied with: (i) if the adoption is of a son, the adoptive father or mother by whom the adoption is made...
12 Effects of adoption
An adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of the adoption and from s...
13 Right of adoptive parents to dispose of their properties
Subject to any agreement to the contrary, an adoption does not deprive the adoptive father or mother of the power to dispose of his or her property by transfe...
14 Determination of adoptive mother in certain cases
(1) Where a Hindu who has a wife living adopts a child, she shall be deemed to be the adoptive mother. (2) Where an adoption has been made with the consent of ...
15 Valid adoption not to be cancelled
No adoption which has been validly made can be cancelled by the adoptive father or mother or any other person, nor can the adopted child renounce his or her s...
16 Presumption as to registered documents relating to adoption
Whenever any document registered under any law for the time being in force is produced before any court purporting to record an adoption made and is signed by...
17 Prohibition of certain payments
(1) No person shall receive or agree to receive any payment or other reward in consideration of the adoption of any person, and no person shall make or give o...
Chapter III Maintenance
18 Maintenance of wife
(1) Subject to the provisions of this section, a Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained ...
19 Maintenance of widowed daughter-in-law
(1) A Hindu wife, whether married before or after the commencement of this Act, shall be entitled to be maintained after the death of her husband by her fathe...
20 Maintenance of children and aged parents
(1) Subject to the provisions of this section a Hindu is bound, during his or her lifetime, to maintain his or her legitimate or illegitimate children and his...
21 Dependants defined
For the purposes of this Chapter "dependants" means the following relatives of the deceased: (i) his or her father; (ii) his or her mother; (iii) his widow, so...
22 Maintenance of dependants
(1) Subject to the provisions of sub-section (2) the heirs of a deceased Hindu are bound to maintain the dependants of the deceased out of the estate inherite...
23 Amount of maintenance
(1) It shall be in the discretion of the court to determine whether any, and if so what, maintenance shall be awarded under the provisions of this Act, and in...
24 Claimant to maintenance should be a Hindu
No person shall be entitled to claim maintenance under this Chapter if he or she has ceased to be a Hindu by conversion to another religion. ...
25 Amount of maintenance may be altered on change of circumstances
The amount of maintenance, whether fixed by a decree of court or by agreement, either before or after the commencement of this Act, may be altered subsequentl...
26 Debts to have priority
Subject to the provisions contained in section 27 debts of every description contracted or payable by the deceased shall have priority over the claims of his ...
27 Maintenance when to be a charge
A dependant's claim for maintenance under this Act shall not be a charge on the estate of the deceased or any portion thereof, unless one has been created by ...
28 Effect of transfer of property on right to maintenance
Where a dependant has a right to receive maintenance out of an estate, and such estate or any part thereof is transferred, the right to receive maintenance ma...
Chapter IV Repeal And Saving
29 [Rep. by the Repealing and Amending Act, 1960]
30 Saving
Nothing contained in this Act shall affect any adoption made before the commencement of this Act, and the validity and effect of any such adoption shall be de...
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