Purpose of legal fiction – If legal fiction had not existed to give effect to adoption, it would have been very difficult to adopt the child for an individual or couples. In order to bind children and parents by legal obligations, it is imperative to create a legal fiction on the basis of which the adoptive father or adoptive mother and the adopted child must comply with all legal provisions concerning the real mother and father and the real child. 2 www.upcounsel.com/legal-def-fiction-of-law n. a presumption of fact accepted by a court for reasons of convenience, consistency or fairness. There is an old saying: “Fiction is born of law, not the law of fiction.” 8 onlinelaw.wustl.edu/blog/legal-english-legal-fiction/ The separate legal entity is one of the characteristics of the company. A separate legal entity means that the corporation has the separate entity from its members. A group of shareholders forms a corporation to sue the company under a new name that is in no way affiliated with any of the shareholders. Sir Henry Maine explained legal fiction as “any assumption which obscures or intended that the rule was changed by leaving its letter unchanged but changing its operation”. For example: idols and corporations have their personalities because of dogmatic fictions. Thus, the main purpose of adoption was to extend spiritual benefits, and the secondary goal was to continue the lineage of the family.
Under the current legislation, the purpose of the adoption is irrelevant. The legal effect of adoption cannot be avoided merely because the adoption was made with the intention of depriving the adopted child of the right to inherit the property of the family of birth. Legal persons, on the other hand, are persons who are objects to which the law confers legal personality. Legal personality, which is the creation of a right, can be conferred on entities other than human beings. As Salmond rightly noted, “the law, in creating legal persons, always does so by personifying real things.” He added that while every legal personality implies personification, the reverse is not always true. “Permanent devotion” or the concept of transferring ownership from the Waqf to God has the following legal implications – Purpose of legal fiction – No one can really be an ideal and reasonable in all circumstances, a person can get carried away or overwhelmed, but the law does not assume and requires a person to employ average mental capacity in every situation. Legal fiction is necessary because there can be no exhaustive enumeration of the actions of a reasonable man in different circumstances. The fiction of adoption is that adoption is a civil death in the natural family and a new birth in the adopted family. According to the principles of ancient Hindu law, an adopted son was considered to have been born into the adoptive family on the day of adoption if the adoption took place during the lifetime of the adoptive father and on the day of the death of the adoptive father (i.e. the date of the deceased of the adoptive widow`s husband) if the adoption took place after his death.
1. Historical fictions are the instruments for adding a new law to the old law without changing the form of the old law, these fictions have an effect mainly in the field of procedure and include in the assumption that a person or thing was different from what it actually was for that purpose, In doing so, The law can take action against a person who is not really within the jurisdiction of a group or against whom the previous action was limited. For example, if a court cannot exercise jurisdiction over a defendant in personam, it may subject that defendant to its jurisdiction under subtype 2 quasi-substantive jurisdiction. The latter is a form of personal jurisdiction that uses a defendant`s property to satisfy a claim against him and is a legal fiction because it treats the owner of the property as a defendant, even if the object of the action is technically the property itself. According to reservation (a) to section 12 of the Act, although adoption has the effect of removing the adopted child from the natural family to the adoptive family, it does not break the blood ties in the birth family with regard to marriage. Section 5 (iv) of the Hindu Marriage Act states that “the parties are not in the degree of the forbidden relationship” and article 5 (vi) states that one of the conditions of a valid Hindu marriage “is that the parties are not fir trees of each other”. Both conditions also apply to an adoptee, and he cannot marry a person whom he could not have married because of a prohinitée relationship or sapinda, as if he had remained in the family of his birth.
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