Adoption In State Of UP Can Take Place Only By Registered Deed, Merely Notarised Adoption Deed Invalid: Allahabad High Court
The Allahabad High Court has held that by virtue of the state amendment in Section 17(3) of the Registration Act, 1908, only a registered adoption deed is valid in the State of U.P. Mere notarization of an adoption deed does not make it valid for proving succession, held the Court.The bench of Justice Rajan Roy and Justice Prashant Kumar held“A conjoint reading of the amended Section 16(2)...
The Allahabad High Court has held that by virtue of the state amendment in Section 17(3) of the Registration Act, 1908, only a registered adoption deed is valid in the State of U.P. Mere notarization of an adoption deed does not make it valid for proving succession, held the Court.
The bench of Justice Rajan Roy and Justice Prashant Kumar held
“A conjoint reading of the amended Section 16(2) of the Act, 1956 as applicable in the State of U.P. and Section 17 (1)(f) and (3) of the Act, 1908 as applicable in the State of U.P. makes it clear that after 01.01.1977, any adoption in the State of U.P. can take place only by way of a registered deed and not otherwise.”
Appellants approached the High Court through special appeal against an order of the Single Judge, whereby a Habeas Corpus petition filed the minor in question through her natural guardians for custody had been allowed. Claim of the appellants herein was rejected on grounds that the adoption deed was only notarised and not registered as required by the law.
The order of the Single Judge was challenged by citing a judgment of a coordinate bench where it was held that merely because the adoption deed is not registered, claim of compassionate appointment cannot be denied.
The Court observed that Section 16 of the Hindu Adoptions and Maintenance Act, 1956 provided that a registered adoption deed raises presumption of a valid adoption. However, by amendment in State of U.P. by U.P. Civil Laws (Reforms and Amendments) Act, 1976, the provision was amended to mandate registration of adoption deeds to avoid fraud.
The Court noted that a subsequent amendment was made in Section 17 of the Registration Act, 1908 where adoption of a son made after after the Ist day of January, 1872 was to be made through a registered deed.
“There is no exception to the aforesaid said statutory requirements. There is nothing in the provision whether under sub-Section (1) or sub-Section (2) as applicable in the State of U.P. of Section 16 of the Act, 1956 or the Act, 1908 which could lend itself to even a remote suggestion that an unregistered deed could be relied upon to claim adoption as is being claimed herein.”
The Court held that the earlier judgment was not applicable as a succession certificate had been issued to the adopted child and he had already been post-retiral dues.
Further the Court held that if there was a registered adoption deed which was not available, secondary evidence would have been admissible, but the appellant did not plead the existence of a registered adoption deed. It held that the appellant had only sought reliance on a notarized adoption deed which is not valid in the State of UP.
Accordingly, the Single Judge order was upheld and the appeal was dismissed.
Case Title: Arun And Another v. State Of U.P. Thru. Its Prin. Secy. Home Deptt. Of Home Affairs Govt. Sectt. Lko. And 7 Others [SPECIAL APPEAL No. - 316 of 2025]