But as observed by Subbarao, in Lakshman Singh v. Rup Kanwar, AIR 1961 SC 1378. “A ceremony there shall be, and giving and taking shall be part of it. The exigencies of the situation arising out of the diverse circumstances necessitated the introduction of the doctrine of delegation; and, therefore, the parents after exercising their volition to give and take the boy in adoption may both or either of them delegate physical act of handing over the boy or receiving him as the case may be, to a third party”.
Thus, it is clear that the registered instrument of adoption is one important piece of evidence, but it is not conclusive evidence of the adoption. It is by the fact of “giving and taking” that the adoption takes place and not merely by virtue of the adoption deed.
Presumption when Arises:
The statutory presumption under s. 16 arises only when the document is signed by both persons the person giving in adoption and the person taking in adoption. If it is not signed by the giver (natural father of the boy), the presumption does not arise. Ram Jagat v. Kamchander, AIR 1984 All. 44.
If there is a registered deed of adoption there will be presumption that the adoption has been made in compliance with the provisions of Hindu Adoptions and Maintenance Act, unless it is rebutted. Amrita Vijay Vora v. Union of India, AIR 2004 Guj. 51: 2004 (1) HLR 680 (Guj)’.