Ancestral property

adopted son has got same right what natural son has.

Dear Reena,

This is really a grey area when it comes to adoption law. Earlier a widow could adopt could not adopt in her own right but only to her husband, the child was deemed to have been adopted by husband before his death. The child automatically became member of deceased father's coparcenory. As regards permission to adopt by husband before death or his relatives is concerned there are divergent views some high courts have pressed it's need while some have ignored it - it would depend on where the case pertains to. This position is incompatible with present act of 1956, however still the Supreme Court has in 2-3 decisions allowed widow to adopt to her husband in the 1960s. Disclose exact facts alongwith your locus on this to discuss further on these complex issues. 

Regards,

Bharat

Dear Querist,

Under the old Hindu law, a widow could adopt a son to her husband only if the husband had expressly authorised her to do so during his lifetime. However, this position has changed completely after the passing of the Hindu Adoptions and Maintenance Act, 1956.

Under the 1956 Act, a widow can adopt a son after her husband's death if she fulfills the parameters laid down in Sections 11(1) and 11(4) of the Act. Section 11(1) states that if a son is to be adopted by a Hindu female, she shall not have a son, grandson, or a great grandson living at the time when the adoption is made. Section 11(4) enunciates that where a son is adopted by a female, such female shall be at least 21 years elder to the son so adopted. Once a Hindu widow satisfies the twin test laid down by these two provisions, the adoption of a son by her shall be a valid adoption. The Supreme Court of India has in a recent judgement reiterated this position.

Adoption, if valid, is a complete transplantation of the adopted child in the adoptive family. Therefore, an adopted child's rights in the ancestral property are at par with a natural born child.

Regards,

Ashish Davessar

Advocate

Dear Sir,

Thanks for your reply. The case is too complicated to be written here, can i call you to explain. The case is in a lower court in Rajkot and I am based in Ahmedabad. Your advise will be most appreciated.

Thanks and Regards

Reena

Yes you can.