Under uncodified Hindu law before the Hindu Adoptions and Maintenance Act, 1956, the doctrine of…
Under the historical Hindu adoption doctrine, a widow's adoption could relate back to her husband's death in relation to his estate. Under section 12 of the Hindu Adoptions…
Choose your answer
Under uncodified Hindu law before the Hindu Adoptions and Maintenance Act, 1956, the doctrine of relation back to a deceased husband's death was associated with which act of his widow?
Answer and explanation
Correct answer B
Under the historical Hindu adoption doctrine, a widow's adoption could relate back to her husband's death in relation to his estate.
Under section 12 of the Hindu Adoptions and Maintenance Act, 1956, an adopted child is deemed the child of the adoptive parents from the date of adoption, and proviso (c) protects estates that had already vested.
Option feedback
Option A
The historical rule concerned the legal effect of an adoption on succession to the adoptive father, rather than a separate determination of legitimacy.
Option B
An adoption by the widow could be treated as relating back to the death of her husband for the stated historical succession purpose.
Option C
The historical relation-back rule attaches to adoption by a widow. It concerns succession and does not determine a claim for maintenance.
Option D
The doctrine treated an adoption by the widow as relating back for a succession purpose. Remarriage is not the act in that doctrine.
Practice for these exams
-
IIT Kharagpur LL.M. Entrance
Subject revision
See pack details on LawMint.net -
Uttarakhand Judicial Services
-
CUET PG Law (LL.M.)
Subject revision
-
Bihar Judicial Services
Subject revision