Allahabad High Court Dismisses Appeal Over Unregistered Adoption Deed

Court Upholds Mandatory Registration Requirement for Adoption Deeds in Uttar Pradesh

In a significant ruling, the Allahabad High Court at Lucknow dismissed a special appeal filed by Arun and another against the State of Uttar Pradesh, asserting the necessity of registering adoption deeds to establish their validity under the amended provisions of the Hindu Adoptions and Maintenance Act, 1956, as applicable in Uttar Pradesh. The judgment, delivered by Justices Rajan Roy and Prashant Kumar, emphasized that a notarized but unregistered adoption deed fails to meet the statutory requirements set forth by the U.P. Civil Laws (Reforms and Amendments) Act, 1976.

The appellants challenged a previous order dated August 11, 2025, passed by a Single Judge in a writ petition involving custody claims over a minor. The Single Judge had favored the natural guardians based on the invalidity of the appellants' adoption claim due to the lack of registration of the adoption deed. The appellants argued that a precedent from 2014 allowed for unregistered adoption deeds in matters of compassionate appointments, citing secondary evidence as admissible under the Indian Evidence Act, 1872.

However, the Division Bench clarified that the amendments to Section 16 of the Hindu Adoptions and Maintenance Act, 1956, and Section 17 of the Registration Act, 1908, necessitate the registration of adoption deeds executed after January 1, 1977, in Uttar Pradesh. The court highlighted that secondary evidence is permissible only when primary registered documents exist but are unavailable, which was not the case here.

The judgment underscores the legislative intent to eliminate oral evidence and fictitious claims in adoption and property transactions, ensuring clarity and authenticity through compulsory registration. The court firmly rejected the appellants' reliance on the previous judgment, distinguishing the current case from matters concerning succession certificates and post-retiral dues.

By affirming the statutory mandate, the Allahabad High Court reinforces the legal framework governing adoptions in Uttar Pradesh, aiming to protect the interests of rightful heirs and prevent fraudulent claims. The dismissal of the appeal serves as a reminder of the critical importance of adhering to procedural requirements in adoption cases.

Bottom Line:

An unregistered adoption deed, even if notarized, is not sufficient to establish the validity of adoption under the amended provisions of Section 16(2) of the Hindu Adoptions and Maintenance Act, 1956, as applicable in the State of U.P.

Statutory provision(s): Hindu Adoptions and Maintenance Act, 1956 - Section 16(2), Registration Act, 1908 - Section 17(1)(f) and (3)

Arun v. State of U.P., (Allahabad)(Lucknow)(DB) : Law Finder Doc Id # 2792882