Right of male proprietors to adopt.

* Answers to Questions Nos. 7 to 10, Section VI.-

"Hindus.-

No man can give his only son or eldest Son in adoption. He may, however, give his brother in adoption. .

Note.-No instances are cited and the reply therefore merely expresses the opinion.

There is no age limit for the adoption of a son. A boy after tonsure or investiture with the sacred cord in his own family can be adopted in another's family.

Adoption may be made irrespective of relationship, but it must be within the same caste or tribe, e:g a Khatri must adopt a Khatri and an Arora an Arora.

There is no prohibition to the adoption of a son of a Woman whom the adopter could not have married. Indeed it is usually the sister's or daughter's son who is adopted.

*Answers Questions Nos. 91 to 94.-

(I) All tribes of Tahsil Pakpattan-Can do so, but Mahtams and Rajput Musalmans state that he can't give his only son.

(2) Pathans, Sayyads, Rajputs Wattus.- Can't give.

(3) Sayyads and Mahtams of Tahsil Dipalpur Can give all three (only son, eldest son, or brother).

(4) Kambojl of Tahsil Dipalpur.Can give (i) and (ii) but not (iii).

(5) Khatris, Aroras of Tahsil Dipalpur.-Cannot give (i) and (ii).

(6) All other tribes.- There is no such custom. "Khatris, Aroras, Mahtams and Qureshis of Tahsil Dipalpur and Rajput Joyas. Chishtis, Hans, Rajput (Muhammadans) and all Hindu tribes of Pakpattan Tahsil.

There is no age limit, nor is there any limit about tonsure or investiture with the sacred thread.

Sayyads af Tahsil Dipalpur fix the age limit of 15 or 16 years. Jat (Muhammadans) and Arains of Tahsil Pakpattan fix the age limit at 20 years. "Qureshis and Sayyads of Tahsil Dipalpur and all tribes of Pakpattan Tahsil.-It is necessary that the adopted son should be one of those who are descended from a common ancestor, i.e yahjaddi. If there is no such person then anyone from the same got can be selected. The nearer relations are preferred to remote ones. Amongst Khatris alone a daughter's son can also be adopted and to him the limitation of got and tribe do not apply.

(2) Kambojs.-Only a real brother's son can be adopted.

(3) Aroras and Khatris.- Any person belonging to the same tribe can be adopted, e. g., an Arora can adopt any other Arora. But a Bedi Khatri can only adopt a Bedi Khatri.

(4) Mahtams, Aroras, Kambojs of Tahsil Dipalpur. Can adopt any one from his got or tribe, i. e., zat. But a Musalman can only adopt from amongst his near relatives.

(1) Khatris or Tahsil pakplttan.-Cannot adopt but relatives descended from common ancestor or daughter's son.

(2) Aroras, Chishtis, Hans, Rajput Joy as of Tahsil Pakpattan and Qureshis of Tahsil Dipalpur.-Can adopt a sister's or daughter's son.

(3) Jat Sikhs, Kambojs of Tahsil Pakpattan and Aroras of Tahsil Dipalpur .Can only adopt those who are yakjaddis, i. e., descended from a common ancestor.

(4) Mahtams, Rajputs, Musalmans, Arains, Jat Musalmuns of Tahsil Pakpattan und Sayyads of Tahsil Dipalpur.-Cannot adopt daughter's of sister's son.

(5) Khatris of Tahsil Dipalpur.-Same as (2) above, excepting Bedis who cannot.

(6) Kambojs and Jat Sikhs' of Tahsil Pakpattan state that none but a collateral heir can be adopted.

Answers 10 Questions Nos. 91 to 93.-

"Hindus of Multan, Shujabad, Lodhran and Mailsi Tahsils state that there is no objection to adoption. the Hindus of Kabirwala. however, assert that he cannot give his only son, his eldest son and his brother In adoption. Hindus of Multan town except pushkara Brahmans follow Hindu Law.

Note.-Generally such adoption is recognised.

All the Hindus state that there is no. restriction as to the age of the adopted person. Tonsure or Investiture with the sacred thread is no bar to adoption. The Hindus of Multan town except the pushkarna Brahmans follow Hindu Law. Hindus of Multan, Shujabad, Lodhran, and Mailsi Tahsils areagreed that agnatic relations and sons of daughters and sisters are eligible for adoption and it is discretionary. with the person adopting to adopt any one of them. No regard is paid to the degree of relationship. The Hindus of Multan city except Pushkarna Brahmans follow Hindu Law.

Daughter's son-adoption valid.

85 P. R. 1886- Babla Bhatias of Shujabad.

Answers to Questions Nos. 90 to 93.-

"All Muhammadans and Hindus of Muzaffargarh Tahsil.-Vide the answer to Question 83.

Hindus of the Leiah Tahsil.-No man can give his only son or eldest on in adoption. There has, however, been an instance wherein an only son was given ill adoption. A man can give his brother in ,adoption, provided the brother agrees to it. '

The Hindus of Kot Adu Tahsil say that an only son cannot be given in adoption, but the eldest and the brother may be given. The brother's consent is, however, necessary. The Hindus of Alipur Tahsil say that there is no objection to the adoption of an only son, Or an eldest sOn or of a brother.

"All Muhammadan.v and Hindus of Muzaffargarh Tahsil.-Vide the answer to Question 83. Hindus of Leiah Tahsil.-There is no restriction as to the age of the adopted person. Tonsure or investiture with the sacred thread is no bar to adoption.

Hindus of Kot Adu Tahsil.-As above, with the addition that a man, who is not married till the age of 25 years, cannot be adopted. Hindus of Al;pur Tahsil.- The adopted person &hou1d not be younger than the adopter. There is no restriction of tonsure or investiture with the thread."

"All Muhammadans and Hindus of Muzaffargarh Tahsil.-Vidc the answer to Question 83.

Hindus of Leiah Tahsil.-It is not necessary that the adopted and adopter be related to each other. The selection rests entirely with the adopter .

Hindus of Kot Adu Tahsil.-It is necessary that the adopted and adopter be related to each other. The selection rests entirely with the adopter. Hindus of Alipur Tahsil.-It is not necessary that the adopted and adopter be related to each other. It is also not necessary that they should both be of the same got. They should, however, be of the same caste."

All Muhammadan tribes and Hindus of Muzaaffargarh Tahsil.- Vide the answer to Question 83.

The Hindus of Leiah and Kot Adu and A1ipur say that no such rule is known.

* Answers to Questions Nos. 31 and 32.-

"The Hindus reply that adoption may take place up to the age of twenty. Dhunds reply that they have no custom to guide them in the cases contemplated by Questions 31 to 36.

In Rawalpindi Tahsil, Gakhars, Sayyads, Awans and Gujjars reply that no respect is paid to the age of the person to be adopted. In Kahuta, Gakhars, who alone allege any custom, say that the person adopted can be of any age and in Gujjar Khan the reply is the same.

Among other Muhammadan tribes the question has not arisen. Hindus reply that there has never been any. case in which adoption was disputed on account of the age of the person adopted, The custom is to adopt minors.

"The replies to this: give the father full rights to adopt whom he pleases, whether he has sons of his own or not. I am not prepared to say that I think the power of a father to adopt when he has sons of his Own is well proved, and no instances are quoted,

Among the Bhabras the right is a little more restricted by custom male relatives within certain degrees- being preferred, but, any Bhabra may be adopted. Hindu communities are not numerous, nor are they old and long settled enough for their custom to -be very clearly established In this district.

The reply by all tribes and castes alleging custom of adoption is 'that adoption is at. the opinion of the adoptive father so long as .his choice falls on one within tile caste or tribe, A daughter's son, sister’s son, or- son-in law can be adopted, the last being the person usually chosen.

All tribes and castes forbid a man to adopt in the presence of male issue. In Tahsil Kahuta, Gakhars reply that there is no custom on the point.

Daughter's son-adoption valid.

120 P. R. 1881- Muhammadans of Mauza Golera,Tahsil Rawalpindi.

Daughter's son-adoption not valid. -

86 1. R. 1894- Sayyad.s of Rawalpindi District, even when adoptee is also a grand-nephew.

Sister’s son-adoption valid.

1923, 4: Lah. 434- Rai Brahmans: Hindu Law applied

A. 1. R. 1924 Lah. 365- Rai Brahmans of Mohrli Bhattan and

=4 Lah. 434 Mangot, Rawalpindi Tahsil. They are governed by Hindu Law and an adoption of an uncle's daughter's son or of wife's brother's Son is valid.

Adoption of brother-in-law's son.

94 P. R. 1898- Bindra. Sikh Khatris of Sukhu. They are governed by Hindu Law, and adoption of a brother. in-law's son according to that law is valid.

Answers to Questions Nos. 79 to 82.-

"All tribes, admitting adoption say that a man can give his only Soil. his eldest son, his younger brother In .adoption. All say that if an only son be given be cannot Inherit from his real father as well.

In Gohana Tahsil all tribes add that an only son can only be given in adoption to his real uncle.

 

Note.-The adoption of an eldest or only son is not invalid, but it is not usually made.

"All tribes throughout admitting adoption say that there is no limit of age marriage is no bar; but a man or lord who has already got male issue of his own cannot be adopted.

All tribes admitting adoption, excepting pathans of Gohana and of Guriani Zail say the first claimant is brother's son.

Then a more distant relation of the same generation as the above. There after any one else, provided he belongs to the same got, and a fortiori caste. Daughter's and sister's sons are not now-a-days adopted.

Pathans of Gohanapoint out they have no got, but any yakjaddi can be adopted. Pathans of Guriani Zail say anyone the adopter prefers can be adopted, e.g., "Captain" Ghaus Mohammad of Guriani adopted the son of his brother's daughter. Ata Mohammad Khan, his brother's son, filed a suit which was rejected. (Suit No. 144 of 1905).

Note1- At first attention it was alleged that a younger brother was occasionally adopted but no one admits the possibility of this and prima facie it is incredible.

Note 2.- The adoption of a daughter's or sister's son used to be fairly common but has become rare in the last five or ten years.

"All tribes admitting adoption, except Pathans of Guriani Zail, say that there is no legal bar to the adoption of the son of a woman whom the adopter could not have married, e.g., his daughter's or sister's son, but in point of fact such adoptions are not now customary. Pathans of Guriani recognize them as proper (See Wilson's note in Gurgaon).

Daughter's son-adoption valid.

A. I. R. 1924 Lah. 457- Bhitwaria Brahmans. parties governed by

=5 Lah. 134 Hindu Law.

Sister's son-adoption valid.

A. I. R. 1925 Lah. l63- Jats of village Lakraya, Jhajjar Tahsil, in

=6 Lah. 52 the presence of collaterals (9th degree).

A.A. 701 of 1882- Jats of Rohtak District.

* Answers to Questions Nos. 7 to 10, Sec. VI.-

"Awans and Hindus- A man may give in adoption his only son, his eldest son, or his brother. .

There is no limit of age beyond which a person may not be adopted. A man may be adopted even after he has married. (Awans).- The person adopted must be an Awan, but need not be a relative. A man generally adopts Some relative, such as his nephew, daughter's son or son-in-law, but he can adopt any Awan he pleases.

Note.- The Awans say that a sonless man generally looks upon his agnates ;is his enemies and prefers to adopt a non-agnate, who is more likely to look after him well.

{Hindus).-The person adopted must be a relation of the adopter and may be his daughter's son or sister's son. He may adopt any near relation he pleases, and the near agnates cannot forbid him unless he adopts a distant relative or a stranger. (Both).- There is no rule prohibiting the adoption of the son of a woman whom the adopter could not have married. A man may adopt his sister's son or a daughter's son.

* Answers to questions Nos. 69 to 71.-

"All the tribes, except those of Zafarwal. state that a man may give his only son or his eldest son or his brother in adoption. The tribes of the Zafarwal Tahsil state that he cannot give his only Son.

There is no restriction of age but generally the person selected for adoption is between the ages of 4 and 16.

An agnate or a daughter's son or daughter's grand. son or sister's son or sister's grand-son may be adopted but near agnates have preferential claim as compared with the descendants of daughters or sisters. A great many Jats and Rajputs deny that a sister's or daughter’s son can be adopted in the presence of any collateral. Among Arains, Awans and Kakkezais a daughter's son can be adopted even in the presence of a brother's son. The adopted son need not necessarily be of the same tribe or got.

Daughter's son-adoption valid.

20 P. R. 1 886- Arains of Sialkot District, in presence of nephews. By custom the adoption of a daughter's son is not restricted to cases in which there are no brother's sons.

25 P. R. 1898- Ghuman Jats of Sialkot District, if no nephew, or if nephew is convert to Islam.

9P. R. 1914- Gurrac Awans of Mauza Sathowal, in presence of 3rd collaterals.

Daughter's son-adoption not valid.

30 P. R. 1894- Anand Khatris of village Kalan Chakian, Tahsil Pasrur, in the presence of brother's son.

81 P. R. 1900- Kalwan Jats.

69 P. R. 1907- Sekhu Jats, Tahsil Daska.

1935, 17 Lah. 129- Sayyads of Sialkot District, in presence of

= A. I. R. 1936 Lah. 80 collaterals in the 3rd degree

1935,162 I. C. son-Chima Jats, in presence of collaterals of 3rd

=A. I. R. 1936- Lah. 371 degree.

Sister's son-adoption valid.

A. I. R. 1935 Lah. 385- Arains of Sialkot District. Adoption of a nephew by his maternal uncle is valid.

 

119 P. R. 1 882- Arains, in the presence of a paternal uncle or a paternal uncle's son.

178 P. R. l883- Hajra Jats. Pasrur Tahsil.

Sister's son-adoption not valid.

29 P. R. 1904 = Ghumman Jats of Sialkot District.

Adoption of brother's son or grand-son.

47 P R. l878- Bajwah Rajputs. By C11stom the adoption of a brother’s son, the brother also being an adopted son, is valid.

98 P. R. 1883- Ghori Pathans of Sialkot. The onus lay on the plaintiffs to establish that the custom generally prevailing among the agricultural classes which gave to a childless proprietor the power to appoint one of his kinsmen to succeed him as his heir did not apply to them and that they had failed to do so.

Adoption of brother's daughter's son.

A.I.R. 1933 Lah. 753- Awans of Sialkot District. Adoption of brother's son not valid.

SIRSA DISTRICT (old) .

Answers to Questions Nos. 7 to 10.-

A man may give in adoption (1) his only son, (2) his eldest son, or (3) his brother. But his only son he can give only to his brother or brother's widow or some near agnate, and in that case the son generally succeeds to the property of both. A brother cannot give his brother in adoption without the consent of the mother and agnates. (All Hindu tribes and Rains).

There is no limit of age beyond which a person may not be adopted. A man may be adopted even after he has married (All Hindu tribes and Rains).

(a) The person adopted should be of the same family as the adopter or the adopting widow's husband. The brother's sons have the first claim, but the adopter may choose any of them he or she pleases. Failing brother's Sons, the agnates have the right to be chosen in order of relationship, the near agnates having the rights to forbid the adoption of the more remotes. The adopted person must be of a lower generation than the adopter (whether one or two generations lower). The person adopted must be of the same tribe, and (except in the case of adoption of a daughter's son or sister's son) of the same got as the adopter or the adopting widow's husband. (All Hindu tribes except Banyas). The same, except that when there are no near agnates, a person of another got is sometimes adopted (Banyas).

(b) The person adopted must be a Rain by tribe and a relative of the adopter. If there be a fit brother's son he generally has the preference. But there is no rule prohibiting the adoption of a daughter's son or sister's son or wife's nephew, especially if there is no agnate (Rains).

Note.-When a widow adopts, she is supposed to be adopting a .on to her husband, and it is the relationship to him that is considered. The adopted person is called the son of the widow's husband. and succeeds to his property. It is most usual to adopt-the husband's brother's son.

(a) There is no rule prohibiting the adoption of the son of a woman the adopter could not have married. A man may, with he consent of his agnates, adopt his sister's son or daughter's son. A widow may, with the consent of her husband's agnates. adopt for her husband his sister's son or daughter's son. (All Hindu tribes). There is no rule prohibiting the adoption of a sister's son or daughter's son (Rains).

Note.-The Rains. being a strictly endogamous section of a tribe, allow sister's son or daughter's son to be adopted more readily than do the other tribes. The Hindu tribes generally have a very strong feeling against allowing land to pass into another got, and it is seldom that the agnates allow the adoption of a sister's son or daughter's son who necessarily belong to another got. They have the right to forbid the adoption of a non-agnate.

SECTION IV

WHO MAY ADOPT

(16) Right of male proprietors to adopt.

Generally, no one can adopt who has male lineal descendants. The existence or a daughter's son can be no bar to adoption. if a male issue be disqualified by any legal impediment (such as loss of caste or retirement from the world) from performing the unequal rites, can a 'man adopt Among agricultural tribes little regard is generally paid to the idea of having some one to perform the unequal rites, but among some of the Hindu tribes it is recognized that a man who has male issue may adopt if such issue be an outcaste, or a leper, an idiot, an ascetic, or not heard of for a long time.

A minor cannot adopt. A bachelor, a man blind, impotent or lame, or a widower can adopt. An ascetic who has renounced the world cannot adopt though he may appoint a chela.

39. A widow cannot appoint or adopt an heir to her

husband unless-

(a) she has been expressly authorized by her husband to do so; or

(b) has obtained the consent of her husband's kindred.

40. Where the widow, however, has professed to Apoint adopt on the authority of her husband she cannot afterwards be permitted to challenge the validity of the appointment or adoption by denying the existence of such authorization.

HUSBAND AUTHORISATION

41. The authorization by the husband need not be in writing, nor need it specify the name of heir to be appointed.

42. When a particular person is specified in the authorization the widow is ordinarily bound to appoint him and no other. But on his death, in the absence of any restriction by the husband to the contrary, she may appoint another.

43. A widow cannot be compelled to exercise her power of appointment, nor does she forfeit her life interest by not exerising 1t.

44. The power may be exercised at any time. At any time.

45. But the widow cannot exercise it so as to defeat the heirs of a subsequent male-holder who are in possession with full rights.

46. She may, however, exercise the power even when she takes as heir to a son, and not immediately from her deceased husband

Ambala District.

Answer to Question No. 56.-

"1887.- The general reply for alt tribes is that a woman can never adopt. This is in some cases qualified by an admission in the widow's favour provided she has received distinct permission from her husband, and other instances are quoted where the adoption was agreed to by the col1aterals. Exceptional cases of adoption by custom can hardly be quoted as evidence of a custom, and it is enough to say that instances of the kind in which a disputed adoption has been upheld are extremely rare.' The feeling of the people is strongly against adoption by a woman, and this is the safest guide to follow.

1918.-Mr. Kensington's reply is still valid and complete. Arains. However, state that a widow can adopt the son of her husband's brother.

Amritsar District.

Answer to Question No.81.-

All tribes- A woman whose husband is alive cannot adopt at all. On his death, however, she can do so with the consent of her husband's collaterals. It is not, however, necessary that the consent should be in writing. She has similarly authority, if she has got a written permission of her husband. In the latter case, no consent of the collaterals is needed, though a few individuals consulted insisted that, even in that case, the col1aterals' consent is necessary.

Delhi District.

Answer to Question No. 81.

All tribes.

A widow cannot adopt as of right with' effect against ancestral property, but may do so with the express consent of the reversioners or with the written authority of her late husband.

62 P. R. 1880- Aggarwal Hindus of Delhi city. By custom a widow cannot adopt by her own sole act in the absence of any authority from her husband.

34 P. R. 1907- Kashmiri Pandits of Delhi. In matters of adoption they are governed by Customary Law. By custom an adoption by a widow without the consent of her deceased husband is valid, but an adopted boy must be a Kashmiri Pandit.

95 P. R. 1909- Jains of Delhi. Adoption is purely a secular transaction. A widow can adopt without any authority from her husband. No ceremonies are required but publication is necessary among the brotherhood. Distribution of luaus is a sufficient publication.

A married man with sons and daughters may be adopted. A widow can adopt the brother of her deceased husband. There is no question of ale limit in adoption.

See also I. L. R. VIII AlI.319; 1 All. 688 ; XVII Cal. 518; XVI

Mad. 182 ; XXIX All. 495 ; XXX All. 397 ; c.r. No. 20 P. R. 1891 and

295 P. L; R. 1913.

1 Lah. 92- Mahesris of Delhi. In matters of adoption they are governed by custom. The onus lay on the defendants to

=54 I. C. 953 establish that a widow can adopt and that they had proved the onus thus laid. The consent of her husband and that of his collaterals was not necessary to validity to the adoption.

Dera Ghazi Khan District.

.Answer to question No. 56.-

"The Hindus of Dera Ghazi Khan and Rajanpur Tahsils say that a woman cannot adopt without the permission (written or verbal) of her husband or that of his collaterals. She cannot adopt during the life-time of the husband. The other Hindus and all Musalmans say that the custom

of adoption does not prevail among them.

Dera Ismail Khan District.

..Answer to Question No.5, Section VI.-

"In order that an adoption made by a woman may be valid, she should first have obtained her husband's written permission or after his death that of his agnatic heirs.