Inheritance
Querist :
Anonymous
(Querist) 16 July 2011
This query is : Resolved
Is adopted son eligible for a share in the inherited property of his biological family. I ask this, as at the time of adoption, the person adopted is a child and hence not in a position to decide
Ravikant Soni
(Expert) 16 July 2011
yes he is.
A child adopted is deemed at par as he born in the family.
section 12 of HINDU ADO and MAINT. Act..
12 Effects of adoption
An adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of the adoption and from such date all the ties of the child in the family of his or her birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family :
PROVIDED that -
(a) the child cannot marry any person whom he or she could not have married if he or she had continued in the family of his or her birth;
(b) any property which vested in the adopted child before the adoption shall continue to vest in such person subject to the obligations, if any, attaching to the ownership of such property, including the obligation to maintain relatives in the family of his or her birth;
(c) the adopted child shall not divest any person of any estate which vested in him or her before the adoption.
The assumption that all the ties of child with the family of his or her birth shall be severed operates only from the day the adoption takes place and from the day the ties are replaced by those created by the adoption in the adoptive family.-Kanwaljit Singh v. State of Haryana 1981 Pun LJ 64.
Adopted girl is conferred an entitlement to succeed the property within the meaning of s.8 of Hindu Succession Act despite the fact that the property was owned by the deceased by reason of his adoption.- Neelawwa v. Shivawwa 1988 (2) HLR 799.
Where the property is in absolute terms vested in a person as the last surviving coparcener a child subsequently adopted cannot divest him of it .-Krishnabai v. Ananda Sevaram AIR 1981 Bom 240
R.Ramachandran
(Expert) 16 July 2011
Dear Mr. Soni,
The querist wants to know whether even after adoption, he can get share by way of inheritance from his original family in which he was born.
The answer to this question is a FLAT "NO", since upon adoption into another family, he is considered to be "dead" as far as his original bilogical family is concerned.
prabhakar singh
(Expert) 16 July 2011
YES ,MR.RAMCHADRAN HAS RIGHTLY FOLLOWED AND RIGHTLY ANSWERED THE QUERY.
AN ADOPTED gets finally severed from his birth family from the date of ADOPTION.NO MATTER HE WAS MINOR AS ONLY MINORS CAN BE GIVEN AND TAKEN IN ADOPTION.
AN ADOPTED IS NOT CONFERRED WITH RIGHT OF CHOICE TO GO BACK IN HIS BIRTH FAMILY POST MAJORITY .
