Hindu Adoptions and Maintenance Act, 1956—Section 16, 63—Indian Evidence Act, 1872—Sections 68 and 69—Adoption Deed—Proof of evidence—Documentary evidence mere signature or thumb impression on a document, even if registered, is insufficient to prove its contents, particularly in adoption cases. However, when a person who gave a child in adoption testifies, the court should consider the presumption under Section 16 of the Hindu Adoption and Maintenance Act, 1956. The registration of an adoption deed doesn't itself prove adoption; oral evidence is crucial to establish the fact of adoption and adherence to necessary ceremonies. If a registered document records adoption, the court should presume compliance with statutory provisions unless disproven. Challengers can dispute the adoption by initiating sep...

Hindu Adoptions and Maintenance Act, 1956, Sections 11, 15, 16—Indian Registration Act, 17, and 49—Adoption petition's dismissal raised questions about a valid adoption due to absent consent and non-registration of the adoption deed. Despite the biological parents not being married when the child was adopted, their consent was given in affidavits—Still, since the adoption deed wasn't registered, no statutory presumption of adoption was valid—Court quashed previous orders and decided the child's custody pending a Short Cause Suit. ...

Adoption Deed—Hindu Adoptions and Maintenance Act, 1956—Sections 11, 15 and 16—U.P. Zamindari Abolition and Land Reforms Act, 1950—Section 229-B—Adoption deed—Validity—Determination of—In the instant case factum of a registered adoption deed is not under dispute—No document on record which specifically cancel or revoke the adoption deed as well as nothing has referred about adoption deed in any of alleged agreements—Contrary findings given by SOC in its order is unsustainable—High Court was of the opinion that reasons given by Revisional Authority are based on sound legal proposition—It cannot be interfered—Compromise deed filed under Section 229-B of UPZA&LR Act, hold legal force, cannot be sustained—It is settled position that after commencement of c...

Adoption deed—Summoning of record—Belated stage to summon the record—Appellants have questioned the adoption deed, executed by late father of the first plaintiff executed in favor of defendant no.1 registered before Sub-Registrar—Further, consequential injunction orders are sought to restrain the defendant herein from interfering in the peaceful possession of the appellants—Plaintiffs with the property as mentioned in the plaint—It is an undisputed fact that the evidence is closed and the matter was coming up for arguments in the said suit and when the matter was listed for final arguments, at that stage, the appellants have filed an Application, to summon the record—It is fairly well settled that in absence of pleading, any amount of evidence will not help the party ...