When is an adoption invalid and what are the ef­fects of such adoption under the prior Hindu Law?

An adoption is invalid in the follow­ing cases:

1. Adoption of the same boy by two persons, even if the person adopting are brothers. (Raj Koomar v. Bissessure (1884) 10 Cal. 688],

2. Simultaneous adoption of two or more persons. (Akhoy Chandra v. Kalaphar, (1886) 12 Cal. 406).

3. Absence of valid physical act of giving and receiving.

4. Adoption where any of the three capacities, viz., capacity to take, capacity to give and capacity to be given in adoption is wanting.

5. Adoption voidable on account of fraud, misrepresenta­tion, coercion undue influence, etc. when avoided by the party prejudiced.

An invalid adoption has the same effect as if no adoption has taken place at all. The boy will revert to his natural family and will have all his rights there and not have any right i the adoptive family.

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The Duttaka Chandrika and Dattaka Mimansa lay down that if the sacred thread ceremony and marriage ceremony of the adopted boy have been performed in the adoptive family and then the adoption is declared invalid, the boy cannot return to his natural family, because after the performance of the two ceremo­nies the boy is firmly rooted in the adoptive family.

The boy will get maintenance from the adoptive family. But the Madras High Court has held that the texts are only recommendatory in charac­ter. Hence the boy will return to his natural family in all cases. This view is also held by the Bombay High Court

(Vishva Sun- dara v. Som Sundara, (1920) 43 Mad. 876]. The boy, whose adoption has been declared invalid after the performance of the Yogapavit (Sacred thread) and marriage ceremonies in the adop­tive family, can be validly adopted into another family. Because the ceremonies being performed in a wrong family are a nullity and do not stand in the way of a valid adoption. (Bhao Abbaji Desh Pande v. Hari Ram Chand, (1923) A.I.R. Bom. 301).

In case an adoption proves invalid, a gift or a bequest made to him in his capacity as an adopted son would be invalid.