(Problems are based on Hindu Adoption and maintenance Act 1956 )
1) In a Hindu Family man dies leaving two widows directing that an adoption be effected by both of them acting together. The widows jointly take part in the ceremony of adoption. Is the adoption is valid ? If the boy dies, which of them will inherit the property ?
Solution --
The husband may confer upon his widows a joint power of adoption. The Madras High Court has held that such a power should not be construed as a joint and separate power and that on the death of one of the widows, the other joint donee of the power cannot validly exercise it. When such a power is exercised by two widows, the senior widow becomes adoptive mother and the other widow becomes step-mother. So when the boy dies the senior widow as adoptive mother will inherit his property.
2) Can a son adopted by widower succeed to the property of the pre-Act deceased wife of the adopter.
Solution --
The pre-deceased wife of the widower does not become the adoptive mother. So the adopted son cannot inherit to her father.
3) A has a daughter B. B and her husbands adopt C. A dies and is succeed by his widow D for a limited estate. Then D dies. Can C claim the property as heir of A?
Solution --
The facts of the problem are based upon Kali Komul v. Uma sunker. The adopted son can inherit not only to his adoptive parents but also to other relations connected through them. He can claim the property in this case as daughters son just as if he was the aurasa son of B.
1) In a Hindu Family man dies leaving two widows directing that an adoption be effected by both of them acting together. The widows jointly take part in the ceremony of adoption. Is the adoption is valid ? If the boy dies, which of them will inherit the property ?
Solution --
The husband may confer upon his widows a joint power of adoption. The Madras High Court has held that such a power should not be construed as a joint and separate power and that on the death of one of the widows, the other joint donee of the power cannot validly exercise it. When such a power is exercised by two widows, the senior widow becomes adoptive mother and the other widow becomes step-mother. So when the boy dies the senior widow as adoptive mother will inherit his property.
2) Can a son adopted by widower succeed to the property of the pre-Act deceased wife of the adopter.
Solution --
The pre-deceased wife of the widower does not become the adoptive mother. So the adopted son cannot inherit to her father.
3) A has a daughter B. B and her husbands adopt C. A dies and is succeed by his widow D for a limited estate. Then D dies. Can C claim the property as heir of A?
Solution --
The facts of the problem are based upon Kali Komul v. Uma sunker. The adopted son can inherit not only to his adoptive parents but also to other relations connected through them. He can claim the property in this case as daughters son just as if he was the aurasa son of B.
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