Adoption is a doctrine that transfers a child from the family in which he or she was born to another family, thereby acquiring new rights, duties and statuses, and ending all ties with the old family. According to ancient Hindu law, the main reason for adopting a son was the fulfillment of religious duties. In early societies, the need to have a son was widespread for the continuation of the family, the father`s name, ancestry and to perform various sacrifices, ceremonies and rituals. (b) property transferred to the adopted child before adoption remains transferred to that person, subject to any obligation related to the ownership of such property, including the obligation to maintain parents in the family of his or her birth. Another notable example of the doctrine of the relationship, to better understand it, is subsection 28(7) of the Provincial Insolvency Act, 1920, which states that a decision must relate to the date of the application on which it is made and take effect from that date. While this legislation is no longer relevant to clarifying concepts, it is important to note that an Order in Council issued after the filing of the application does not mean that no rights have been transferred to the Court unless a corresponding order has been made before the date of the Order. Simply put, the date of submission of the application is taken into account in order to enforce the rights and obligations of the parties to the application, subject to the hearing of the application, the decision of the Court of Justice and the adoption of a corresponding decision of the Court of Justice. (1) It is a rule of Hindu law that an adoption dates back to the date of the father`s death. After applying the theory of relationships, to explain in a little more detail under the Registration Act 1908, as mentioned above, it is noted that section 47 of the Registration Act 1908 provides that a registered document must function from the moment it would have started, if no registration had been required or made. and not from the moment of its registration. The purpose of section 47 of the Registration Act is to determine which of the two or more registered documents takes precedence over the same property in the event of a conflict.
To improve understanding, consider the following scenario: two different documents must be registered for the same property, one on February 1, 2021 (document 1) and the other on March 30, 2021 (document 2). Document 1 was registered on May 15, 2021, while document 2 was registered on April 15, 2021. In this case, the date of operation of these documents corresponds to the date of origin of the document. Therefore, if a co-ownership claim is filed under both Document 1 and Document 2, the claim under Document 1 takes precedence over Document 2. In ancient Hindu texts, there are twelve different types of sons: Apavidha, Aurasa (legitimate son), Dattaka (adopted son), Gudhaja, Kanina, Krita, Kshetraja, Purika Putra, Punarbhava, Sahodhaja, Svayamdatta. It is also known that there are three types of sons – legitimate, illegitimate and adoptive sons. Adoption is the doctrine in which a child is transferred from the family in which he or she was born to another family, with the son acquiring new rights, duties and statuses and ending all ties with the old family. According to ancient Hindu law, the main reason for adopting a son was the fulfillment of religious duties. In Sripad Gonjam v. Datta Rant Kashi Nath, the Supreme Court explained the importance of the relationship doctrine in the following words: In Sripad Gonjam v. Datta Rant Kashi Nath, the Supreme Court explained the meaning of the relationship doctrine with the following words: “When a widow adopts a son from her husband, the doctrine makes filiation retroactive from the time of the death of the deceased husband.” It is argued that this decision of the High Court of the P.A. is contrary to the Supreme Court`s decision in Vasant v.
Dattu and in the case of Dharma Shamrao Agalawe v. Pandurang Miragu Agalawe, in which the transfer and sale of property is considered inapplicable to the co-central interest of the common Hindu family. Therefore, the decision Y.Nayudamma of the A.P. The High Court, after the Supreme Court`s decision in the Vasant and Dharma cases, is not the right law. In the United States, a party who wishes to annul his marriage does so for the purpose of a court annulling the marriage as if it had never existed between the spouses. People whose marriage is annulled have a status similar to that of an unmarried person and can therefore remarry. Invalidity proceedings are subject to certain legal grounds such as fraud, bigamy and madness.