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A, a Hindu male during his bachelorhood adopts a son P. After some period, he marries B. He did not have any son from B, and hence adopts another son Q.

Which one of the following statements is correct ?

  • A.P's adoption is valid, Q's adoption is invalid
  • B.Adoption of both P and Q are valid
  • C.Adoption of P is invalid and adoption of Q is valid
  • D.Adoption of both P and Q is invalid

Answer: A

P's adoption is valid and Q's adoption is invalid.

Under the Hindu Adoptions and Maintenance Act, 1956, a Hindu male of sound mind who is a major may adopt, and a bachelor may do so, so the adoption of P is valid. But section 11(i) forbids adopting a son if the adopter has a Hindu son, son's son or son's son's son living at the time, and an adopted son counts as a son for this purpose. When Q was adopted, P was a living son, so Q's adoption is invalid.

Having no son by B makes no difference, since P is legally his son, which rules out the other three options.

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