LexThe Hindu Adoptions and Maintenance Act, 1956
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THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title and extent.
2. Application of Act.
3. Definitions.
4. Overriding effect of Act.
CHAPTER II
ADOPTION
5. Adoptions to be regulated by this Chapter.
6. Requisites of a valid adoption.
7. Capacity of a male Hindu to take in adoption.
8. Capacity of a female Hindu to take in adoption.
9. Persons capable of giving in adoption.
10. Persons who may be adopted.
11. Other conditions for a valid adoption.
12. Effects of adoption.
13. Right of adoptive parents to dispose of their properties.
14. Determination of adoptive mother in certain cases.
15. Valid adoption not to be cancelled.
16. Presumption as to registered documents relating to adoptions.
17. Prohibition of certain payments.
CHAPTER III
MAINTENANCE
18. Maintenance of wife.
19. Maintenance of widowed daughter-in-law.
20. Maintenance of children and aged parents.
21. Dependants defined.
22. Maintenance of dependants.
23. Amount of maintenance.
24. Claimant to maintenance should be a Hindu.
25. Amount of maintenance may be altered on change of circumstances.
26. Debts to have priority.
27. Maintenance when to be a charge.
28. Effect of transfer of property on right to maintenance.
29. [Repealed.].
30. Savings.
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THE HINDU ADOPTIONS AND MAINTENANCE ACT, 1956
ACT NO. 78 OF 19561
[21st December, 1956.]
An Act to amend and codify the law relating to adoptions and maintenance among Hindus.
BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:―
CHAPTER I
PRELIMINARY
1. Short title and extent .―(1)This Act may be called the Hindu Adopt ions and Maintenance
Act, 1956.
(2) It extends to the whole of India 2***.
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 the Brahmo, Prarthana or AryaSamaj,
(b) to any person who is a Buddhist, Jaina or Sikh by religion, and
(c) to any other person who is not a Muslim, Christian, Parsi or Jew by religion, unless it is
proved that any such person would not have been governed by the Hindu law or by any custom or
usage as part of that law in respect of any of the matters dealt with herein i f this Act had not been
passed.
Explanation.―The following persons are Hindus, Buddhists, Jainas or Sikhs by religion, as the case
may be:―
(a) any child, legitimate or illegitimate, both of whose parents are Hindus, Buddhist s, Jainas or
Sikhs by religion;
(b) any child, legitimate or illegitimate, one of whose parents is a Hindu, Buddhist, Jaina or Sikh
by religion and who is brought up as a member of the tribe, community, group or family to which
such parent belongs or belonged; 3* * *
4[(bb) any child, legitimate or illegitimate, who has been abandoned both by his father and mother
or whose parentage is not known and who in either case is brought up as a Hindu, Buddhist, Jaina o r
Sikh; and]
(c) any person who is a convert or re-convert to the Hindu, Buddhist, Jaina or Sikh religion.
(2) Notwithstanding anything contained in sub -section (1), nothing contained in this Act shall apply
to the members of any Scheduled Tribe within the meaning of clause (25) of article 366 of the
Constitution unless the Central Government, by notification in the Official Gazette, otherwise directs.
1. This Act has been extended to Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and First Schedule.
This Act has been amended in U.P. Act 57 of 1976.
This Act shall, from a date to be notified by the administrator, come into force in Pondicherry, subject to the following
modification:
In section 2, after sub-section (2), insert:―
“(2A) Notwithstanding anything contained in sub-section (1) nothing contained in this Act shall apply to the renoncants of
the Union territory of Pondicherry.”
2. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule
(w.e.f. 31-10- 2019).
3. The word “and” omitted by Act 45 of 1962, s. 2 (w.e.f. 19-11-1962).
4. Ins. by s. 2, ibid. (w.e.f. 19-11-1962).
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(3) The expression “Hindu” in any portion of this Act shall be construed as if it included a person
who, though not a Hindu by religion, is, nevertheless, a person to who m this Act applies by virtue of the
provisions contained in this section.
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 observed for a long time, has obtained the force of law among Hindus in any local area,
tribe, community, group or family:
Provided that the rule is certain and not unreasonable or opposed to public policy: and
Provided further that, in the case of a rule applicable only to a family, it has not been discontinued
by the family;
(b) “maintenance” includes―
(i) in all cases, provision for food, clothing, residence, education and m edical attendance and
treatment;
(ii) in the case of an unmarried daughter, also the reasonable expenses of and incident to her
marriage;
(c) “minor” means a person who has not completed his or her age of eighteen years.
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
immediately before the commencement of this Act shall cease to have effect with respect to any
matter for which provision is made in this Act;
(b) any other law in force immediately before th e commencement of this Act shall cease to apply
to Hindus in so far as it is inconsistent with any of the provisions contained in this Act.
CHAPTER II
ADOPTION
5.Adoptions t o 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 adoption made in contravention of the said provisions shall be void.
(2) An adoption which is void shall neither create any rights in the adoptive fam ily in favour of any
person which he or she could not have acquired except by reason of the adoption, nor destroy the rights of
any person in the family of his or her birth.
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 the capacity to do so;
(iii) the person adopted is capable of being taken in adoption; and
(iv) the adoption is made in compliance with the other conditions mentioned in this Chapter.
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 takes on or a daughter in adoption:
Provided that, if he has a wife living, he shall not adopt except with the consent of his wife unless the
wife has completely and finally renounced the word or has ceased to be a Hindu or has been declared by a
court of competent jurisdiction to be of unsound mind.
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Explanation.―If a person has more than one wife living at the time of adoption, the consent of all the
wives is necessary unless the consent of any one of them is unnecessary for any of the reasons spec ified
in the preceding proviso.
1[8.Capacity of a female Hindu to take in adoption.―Any female Hindu who is of sound mind and
is not a minor has the capacity to take a son or daughter in adoption:
Provided that, if she has a husband living, she shall not adopt a son or daughter except with the
consent of her husband unless the husband has complet ely and finally renounced the world or has ceased
to be a Hindu or has been declared by a court of competent jurisdiction to be of unsound mind.]
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[(2) Subject to the provisions of sub -section (4), the father or the mother, if alive, shall have equal
right to give a son or daughter in adoption:
Provided that such right shall not be exercised by either of them save with the consent of the other
unless one of them has completely and finally renounced the world or has ceased to be a Hindu or has
been declared by a court of competent jurisdiction to be of unsound mind.]
3* * * * *
4[(4) Where both the father and mother are dead or have com pletely and finally renounced the world
or have abandoned the child or have been declared by a court of competent jurisdiction to be of unsound
mind or where the parentage of the child is not known, the guard ian of the child may give the child in
adoption with the previous permission of the court to any person including the guardian himself.]
(5) Before granting permission to a guardian under sub-section (4), the court shall be satisfied that the
adoption will be for the welfare of the child, due consideration being for this purpose given to the wishes
of the child having regard to the age and understanding of the child and that the applicant f or permission
has not received o r agreed to receive and that no per son has made or given or agreed to make or give to
the applicant any payment or reward in considera tion of the adoption except such as the court may
sanction.
Explanation.―For the purposes of this section―
(i) the expressions “father” and “mother” do not include an adoptive father and an adoptive
mother; 5* * *
6[(ia) “guardian” means a person having the care of the person of a child or of both his person and
property and includes―
(a) a guardian appointed by the will of the child's father or mother, and
(b) a guardian appointed or declared by a court; and]
(ii) “court” means the city civil court or a district court within the local limits of whose
jurisdiction the child to be adopted ordinarily resides.
1. Subs. by Act 30 of 2010, s. 3, for section 8 (w.e.f. 31-8-2010).
2. Subs. by s. 3, ibid., for sub-section (2) (w.e.f. 31-8-2010).
3. Sub-section (3) omitted by s. 3, ibid. (w.e.f. 31-8-2010).
4. Subs.by Act 45 of 1962, s. 3, for sub-section (4) (w.e.f. 29-11-1962).
5. The word “and” omitted by s. 3, ibid. (w.e.f. 29-11-1962).
6. Ins. by s. 3, ibid.(w.e.f. 29-11-1962).
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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 a Hindu;
(ii) he or she has not already been adopted;
(iii) he or she has not been married, unless there is a custom or usage applic able to the parties
which permits persons who are married being taken in adoption;
(iv) he or she has not completed the age of fifteen years, unless there is a custom or usage
applicable to the parties which permits persons who have completed the age of fifteen years being
taken in adoption.
11.Other c onditions for a valid adoption .―In every adoption, the following con ditions must be
complied with:―
(i) if the adoption is of a son, the adoptive father or mother by whom the adoption is made must
not have a Hindu sonson’s son or son ’s son’s son (whether by legitimate blood relationship or by
adoption) living at the time of adoption;
(ii) if the adoption is of a daughter, the adoptive father or mother by whom the ad option is made
must not have a Hindu daughter or son ’s daughter (whether by legitimate blood relationship or by
adoption) living at the time of adoption;
(iii) if the adoption is by a male and the person to be adopted is a female, the adop tive father is at
least twenty-one years older than the person to be adopted;
(iv) if the adoption is by a female and the person to be adopted is a male, the adoptive mother is at
least twenty-one years older than the person to be adopted;
(v) the same child may not be adopted simultaneously by two or more persons;
(vi) the child to be adopted must be actually given and taken in adoption by the parents or
guardian concerned or under their authority with intent to transfer the child from the family of its
birth 1[or in the case of an abandoned child or a child wh ose parentage is not known, from the place
or family where it has been brought up] to the family of its adoption:
Provided that the performance of dattahomam shall not be essential to the validity of an adoption.
12.Effects of adoption .―An adopted child sh all 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 such date all the ties
of the child in the family of his or her birth shall be deemed to be severed and replaced by th ose created
by the adoption in the adoptive family:
Provided that―
(a) the child cannot marry any person whom he or she could not have married if he or she had
continued in the family of his or her birth;
(b) any property which vested in the adopted child before the adoption shall continue to vest in
such person subject to the obligations, if any, attaching to the ownership of such property, including
the obligation to maintain relatives in the family of his or her birth;
(c) the adopted child shall not div est any person of any estate which vested in him or her before
the adoption.
1. Ins. by Act 45 of 1962, s. 4 (w.e.f. 29-11-1962).
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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 transfer inter vivos or by will.
14. Determination of adoptive mother in certain cases .―(1)Where aHindu who has a wife living
adopts a child, she shall be deemed to bethe adoptive mother.
(2) Where an adoption has been made with the consent of more than one wife, the seniormost in
marriage among them shall be deemed to be the adoptive mother and the others to be step-mothers.
(3) Where a widower or a bachelor adopts a child, any wife whom he subsequently marries shall be
deemed to be the step-mother of the adopted child.
(4) Where a window or an unmarried woman adopts a child, any husband whom she marries
subsequently shall be deemed to be the step-father of the adopted child.
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 status as such and return to the family of his or her birth.
16. Presumption as to registered documents relating to adop tion.―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 the person giving and the person taking the child in adoption, the court
shall presume that the adoption has been made in compliance with the provisions of this Act unless and
until it is disproved.
STATE AMENDMENT
Uttar Pradesh
Amendment of section 16 of Act 78 of 1956.—In the Hindu Adaptation and Maintenance Act, 1956,
section 16 shall be re-numbered as sub-section (1) thereof, and after sub-section (1) as so re-numbered the
following sub-section shall be inserted namely:--
“(2) In case any adoption made on or after the first day of January, 1 977 no Court in Uttar Pradesh
shall accept any evidence in proof of the giving and taking of the child in adoption, except a document
recording an adoption, made and signed by the person giving and the person taking the child in adoption,
and registered under any law for the time being in force;
Provided that secondary evidence of such document shall be admissible in the circumstances and the
manner laid down in the Indian Evidence Act, 1872 (1 of 1872).”.
[Vide Uttar Pradesh Act 57 of 1976, s. 35]
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 or agree
to make or give to any other person any payment or reward the receipt of which is prohibited by this
section.
(2) If any person contravenes the provisions of sub -section ( 1), he shall be punishable with
imprisonment which may extend to six months, or with fine, or with both.
(3) No prosecution under this section shal l be instituted without the previous sanction of the State
Government or an officer authorised by the State Government in this behalf.
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 by he r husband
during her life time.
(2) A Hindu wife shall be entitled to live separately from her husband without forfei ting her claim to
maintenance,―
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(a) if he is guilty of desertion, that is to say, of abandoning her without reasonable cause and
without her consent or against her wish, or of wilfully neglecting her;
(b) if he has treated her with such cruelty as to cause a reasonable apprehension in her mind that it
will be harmful or injurious to live with her husband;
1* * * * *
(d) if he has any other wife living;
(e) if he keeps a concubine in the same house in which his wife is living or habitually resides with
a concubine elsewhere;
(f) if he has ceased to be a Hindu by conversion to another religion;
(g) if there is any other cause justifying her living separately.
(3) A Hindu wife shall not be entitled to separate residence and maintenance from her husband if she
is unchaste or ceases to be a Hindu by conversion to another religion.
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 h er
father-in-law:
Provided and to the extent that she is unable to maintain herself out of her own earnings or other
property or, where she has no property of her own, is unable to obtain maintenance―
(a) from the estate of her husband or her father or mother, or
(b) from her son or daughter, if any, or his or her estate.
(2) Any obligation under sub -section ( 1) shall not be enforceable if the father -in-law has not the
means to do so from any coparcenary property in his possession out of which the daughter-in- law has not
obtained any share, and any such obligation shall cease on the remarriage of the daughter-in-law.
20. Maintenance of children and aged parents .―(1)Subject to the provisions of this section a
Hindu is bound, during his or her life -time, to maintain his or her legitimat e or illegitimate children and
his or her aged or infirm parents.
(2) A legitimate or illegitimate child may claim maintenance from his or her father or mother so long
as the child is a minor.
(3) The obligation of a person to maintain his or her aged or infirm parent or a daughter who is
unmarried extends in so far as the parent or the unmarried daughter, as the case may be, is unable to
maintain himself or herself out of his or her own earnings or other property.
Explanation.―In this section “parent “includes a childless step-mother.
21. Dependants defined .―For the purposes of this Chapter “dependants” mean the follow ing
relatives of the deceased:―
(i) his or her father;
(ii) his or her mother;
(iii) his widow, so long as she does not re-marry;
(iv) his o r her son or the son of his pre deceased son or the son of a pre deceased son o f his
pre-deceased son, so long as he is a minor: provided and to the extent that he is unable to obtain
maintenance, in the case of a grandson from his father ’s or mother ’s estate, and in the case of a
great-grandson, from the estate of his father or mother or father’s father or father’s mother;
1. Clause (c) omitted by Act 6 of 2019, s. 6 (w.e.f. 1-3-2019).
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(v) his or her unmarried daughter, or the unmarried daughter of his p redeceased son or the
unmarried daughter of a predeceased son of his pre deceased son, so long as she remains
unmarried:provided and to the extent that she is unable to obtain maintenance, in the case of a grand -
daughter from her father’s or mother’s estate and in the case of a great-grand-daughter from the estate
of her father or mother or father's father or father’s mother;
(vi) his widowed daughter: provided and to the extent that she is unable to obtain maintenance―
(a) from the estate of her husband; or
(b) from her son or daughter if any, or his or her estate; or
(c) from her father-in-law or his father or the estate of either of them;
(vii) any widow of his son or of a son of his pre deceased son, so long as she does not re -marry:
provided and to the extent that she is unable to obtain maintenance from her husband’s estate, or from
her son or daughte r, if any, or his or her estate ; or in the case of a grandson ’s widow, also from her
father-in-law’s estate;
(viii) his or her minor illegitimate son, so long as he remains a minor;
(ix) his or her illegitimate daughter, so long as she remains unmarried.
22. Maintenance of dependa nts.―(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 inher ited by them
from the deceased.
(2) Where a dependant has not obtained, by testamentary or intestate succession, any share in the
estate of a Hindu dying after the commencement of this Act, the dependant shall be entitled, subject to the
provisions of this Act, to maintenance from those who take the estate.
(3) The liability of each of the persons who takes the estate shall be in proportion to the value of the
share or part of the estate taken by him or her.
(4) Notwithst anding anything contained in sub -section ( 2) or sub -section ( 3), no person who is
himself or herself a dependant shall be liable to contribute to the maintenance of others, if he or she has
obtained a share or part the value of which is, or would, if the l iability to contribute were enforced,
become less than what would be awarded to him or her by way of maintenance under this Act.
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 doing so the
court shall have due regard to the considerations set out in sub -section (2) or sub-section (3), as the case
may be, so far as they are applicable.
(2) In determining the am ount of maintenance, if any, to be awarded to a wife, children or aged on
infirm parents under this Act, regard shall be had to―
(a) the position and status of the parties;
(b) the reasonable wants of the claimant;
(c) if the claimant is living separately, whether the claimant is justified in doing so;
(d) the value of the claimant ’s property and any income derived from such property, or from the
claimant's own earnings or from any other source;
(e) the number of persons entitled to maintenance under this Act.
(3) In determining the amount of maintenance, if any, to be awarded to a dependent under this Act,
regard shall be had to―
(a) the net value of the estate of the deceased after providing for the payment of his debts;
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(b) the provision, if any, made under a will of the deceased in respect of the dependant;
(c) the degree of relationship between the two;
(d) the reasonable wants of the dependant;
(e) the past relations between the dependant and the deceased;
(f) the value of the property of the dependant and any income derived from such property; or from
his or her earnings or from any other source;
(g) the number of dependants entitled to maintenance under this Act.
24. Claimant to maintenance should be a Hind u.―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 alte red 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 subsequently if there is a material change in the circumstances
justifying such alteration.
26. Debts to have priority .―Subject to the provisions contai ned in section 27 debts of every
description contracted or payable by the deceased shall have priority over the claims of his dependants for
maintenance under this Act.
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 the
will of the deceased, by a decree of court, by agreement between the dependant and the owner of the
estate or portion, or otherwise.
28. Effect of transfer of pr operty on right to maintenance .―Where a dependant has a right to
receive maintenance out of an estate and such estate or a ny part thereof is transferred, the right to receive
maintenance may be enforce d against the transferee if the transferee has notice of the right, or if the
transfer is gratuitous; but not against the transferee for consideration and without notice of the right.
CHAPTER IV
REPEALS AND SAVINGS
29. [ Repeals.]―Rep. by the Repealing and Amending Act, 1960 (58 of 1960), s. 2 and the First
Schedule (w.e.f. 26-11-1960).
30. Savings .―Nothing contained in this Act shall affect any adoption made before the
commencement of this Act, and the validity and effect of any su ch adoption shall be determined as if this
Act had not been passed.