Under the uncodified Hindu law before the Hindu Adoptions and Maintenance Act, 1956, in which listed…
Before statutory codification, Madras law permitted a widow to adopt without express authority from her husband through the appropriate sapinda-consent route; Bombay law…
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Under the uncodified Hindu law before the Hindu Adoptions and Maintenance Act, 1956, in which listed regions could a widow adopt without express authority from her husband?
Answer and explanation
Correct answer C
Before statutory codification, Madras law permitted a widow to adopt without express authority from her husband through the appropriate sapinda-consent route; Bombay law gave the widow wider independent capacity. This identifies historical schools and does not imply that their other conditions were identical.
Current law: Section 8 of the Hindu Adoptions and Maintenance Act, 1956 has replaced the relevant uncodified rules. A Hindu widow of sound mind who is not a minor has capacity to adopt, subject to the Act’s other requirements; express authority from her deceased husband is not required.
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