Adoption -- Biological Father Adopting Own Illegitimate Child -- Not statutorily prohibited
(i) Hindu Adoptions and Maintenance Act, 1956, S.6, S.7, S.9 -- Adoption -- Biological Father Adopting Own Illegitimate Child -- Not statutorily prohibited -- A Hindu male is not, merely by reason of being the biological father of an illegitimate child, prohibited from taking such child in adoption, provided the statutory requirements of a valid adoption are otherwise fulfilled. The capacity to give a child in adoption and the capacity to take a child in adoption are distinct matters, and the Act contains no express provision disqualifying a biological father from adopting his own illegitimate son. (ii) Hindu Adoptions and Maintenance Act, 1956, S.9 -- Adoption -- Capacity of Natural Mother to Give Illegitimate Child -- Recognised distinct from putative father -- The natural mother of an illegitimate child has capacity to give the child in adoption, a position judicially recognised as distinct from that of the putative father, and this capacity governs the validity of the giving in adoption independent of the father's own status. (iii) Transfer of Property Act, 1882, S.54 -- Sale Deed -- Registered Document Obtained by Fraud -- Liable to be cancelled despite registration -- Mere registration of a sale deed does not render it immune from challenge. Courts may, upon consideration of evidence and surrounding circumstances, hold a registered transaction to be fraudulent and liable to be cancelled.
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