Hindu Adoptions and Maintenance Act, 1956, Section 16 – Presumption Under

In a recent judgment of the Allahabad High Court (Phool Chand v. Joint Director of Consolidation),it was  held as under:

“The presumption under the Section is that if the deed is signed by the person giving and the person taking in adoption the provision has been complied with. It is the person challenging the factum of adoption who has to disprove the adoption. A mere plea that the deed is not genuine is not sufficient to rebut the presumption under Section 16 of the Act. Under such circumstance, the plea that the requirements of Section 11 of the Act had not been satisfied are not made out and hence loose all significance with the registration of the deed of adoption.”

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Filed under Adoption Law, Family Law

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