There is sometimes a difficulty in ascertaining whether or no an
adoption has actually taken place. There must be a final giving and
receiving of the child in adoption, and for Sudras nothing more is
required. For the twice-born classes it is not finally settled whether
any religious ceremony is actually necessary in order to render the
adoption valid. But some religious ceremony in almost all cases
accompanies the adoption, so that the absence of any such ceremony will
always raise a suspicion that the adoption, though it may have been
contemplated and some steps taken towards it, had not been finally
completed. If an adoption were in itself invalid, no acquiescence and no
lapse of time could make it valid--just as an invalid marriage could not
be similarly validated. But acquiescence by the family would be strong
evidence of the validity of an adoption, and the rules of limitation by
barring any suit in which the question could be raised might render the
adoption practically unassailable.
The kritrima adoption is altogether different; although the adopted son
performs the ceremonies for his adopting father's family, and has a
right to succeed, he is nevertheless not cut off from his own family. A
person of any age may be adopted, and he must be old enough to be able
to consent to the adoption, as without this consent it cannot take
place. In this form a female can adopt, and no ceremonies are required.
AUTHORITIES.--HINDU LAW: J. D. Mayne, _Hindu Law_ (London, 1892);
Colebrooke's _Treatises on the Hindu Law of Inheritance_ (Calcutta,
1810); Stokes's _Hindu Law Books_ (Madras, 1865); West and Buhler, _A
Digest of the Hindu Law of Inheritance_ (Bombay, 1878); Jogendra Nath
Bhattacharya, _A Commentary on Hindu Law_ (Calcutta, 1894); Rajkumar
Sarvadhikari, _Principles of the Hindu Law of Inheritance_ (Calcutta,
1882); Gooroodass Banerjee, _The Hindu Law of Marriage and Stridhana_
(Calcutta, 1896); Jogendra Chundar, _Principles of Hindu Law_
(Calcutta, 1906).
Public-domain text, read in full here on John Shaqi.
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