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X and Y are Hindu spouses with a living Hindu son and a living Hindu daughter. X adopts another girl,…

Section 11(ii) requires a person adopting a daughter not to have a living Hindu daughter or son’s daughter of the specified relationship. The existing living daughter…

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X and Y are Hindu spouses with a living Hindu son and a living Hindu daughter. X adopts another girl, Z, under the Hindu Adoptions and Maintenance Act, 1956. What is the legal effect of this adoption?

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Answer and explanation

Correct answer B

Section 11(ii) requires a person adopting a daughter not to have a living Hindu daughter or son’s daughter of the specified relationship. The existing living daughter defeats that condition. Section 5(1) makes an adoption contrary to the adoption chapter void.

Option feedback

Option A

The existing living Hindu daughter prevents compliance with section 11(ii).

Option B

Section 11(ii) bars this adoption; section 5 makes a contravening adoption void.

Option C

The Act makes this adoption void outright.

Option D

A spouse’s consent does not override the separate living-daughter condition in section 11(ii).

Option E

Void is expressly offered.

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