All India Bar Examination (AIBE) 17-XVII Previous Year Question Papers with Answers

Practice Mode:
1.

The Section 12 of Hindu Maintenance and Adoption Act, 1956 deals with

A: Rights of adoptive parents to dispose of their properties
B: Effects of adoption
C: Presumption as to the document relating to adoption
D: Cancellation of adoption

The answer is: B

Explanation

The correct option is B: Effects of adoption.

Section 12 of the Hindu Adoption and Maintenance Act, 1956 deals with the consequences of adoption for the adopted child and the adoptive and natural families. According to this section, an adopted child is considered to be the child of the adoptive parents for all purposes from the date of adoption, and all the ties of the child with the family of birth are severed and replaced by those created by the adoption in the adoptive family¹. However, there are some exceptions to this rule, such as:

- The child cannot marry any person whom he or she could not have married if he or she had continued in the family of birth.

- Any property that vested in the adopted child before the adoption remains with the child, subject to any obligations attached to it, including the obligation to maintain relatives in the family of birth.

- The adopted child does not divest any person of any estate that vested in him or her before the adoption.

 

Option A is incorrect because Section 13 of the Act deals with the right of adoptive parents to dispose of their properties.

Option C is incorrect because Section 16 of the Act deals with the presumption as to the registered documents relating to adoption.

Option D is incorrect because Section 15 of the Act deals with the valid adoption not being cancelled.