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Doctrine of Relation Back results to :

  • A.Adoption of a son by a widow under the authority of her husband is deemed to have been adopted on the day the husband died
  • B.The relation between the married couple to their forefathers
  • C.The alienation of property becomes valid from the back date of alienation
  • D.None of the above

Answer: A

The doctrine means that a son adopted by a widow under her husband's authority is deemed adopted on the day the husband died.

Under the old Hindu law, an adoption by a widow related back to the date of her husband's death, so the adopted son was treated as if he had been born to the husband before he died. He could therefore divest estates that had vested in others in the meantime.

The Hindu Adoptions and Maintenance Act, 1956 abolished the doctrine: Section 12(c) provides that an adopted child shall not divest any person of an estate vested before the adoption. The other options, about married couples and their forefathers or the backdating of alienations, do not describe the doctrine.

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