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Suhasdarshan (Associate)     30 November 2011

Can grandparents adopt their own grandchild?

A Christian girl and boy were in a relationship. The girl became pregnant, but the boy died before marrying her. Girl gave birth to a child and her parents want to adopt that child so that she can carry on with her life. Now the question is "can Christian grandparents adopt their own grandchild" ?



Learning

 3 Replies

Tajobsindia (Senior Partner )     01 December 2011

@ Author

 

1. Yes they can adopt under 'foster' care only.

 

2. Christians / Muslims have no adoption laws of their own in India and have to approach Jurisdiction Court under the provisions of GWA, 1890.

 

3. Mind it once the child becomes major such a child does not have legal right of inheritance.

4. Appoint a competent Family Court advocate for the procedures.

Suhasdarshan (Associate)     01 December 2011

thanks for that piece of information.
I have a furher query. Lets just consider that after girl's parents adopts the child, the girl will remarry and begets another child. The adopted child will come to know the whole story. After the adopted child turns major, can it claim equal rights from its grandparents / mother??

Tajobsindia (Senior Partner )     02 December 2011

@Author

1. Where an intestate has left no child, but only a grandchild or grandchildren and no other remote descendant, the property shall belong to the grandchild if only one grandchild is left by the intestate and if there are grandchildren, the property shall belong to the surviving grandchildren in equal shares. It means that in a situation contemplated under this section, the distribution is per capita and not stirpital.

 

 

2. The father of an intestate succeeds to the property to the exclusion of the mother. This is based on the English Common Law principle that he would have taken her share if arising jure mariti. When a Hindu convert to Christianity dies intestate, it is the father, in the given situation, who succeeds to the property. The religious faith of the father is immaterial for the purposes of succession. What is material is that the deceased should have belonged to the Christian religion on the date of his death. The religion of the heirs is immaterial. But the English view that a man is not the father of the illegitimate children applies also under the Indian Succession Act.

 


3. As there is no statutory recognition for adoption by Christians in India, an adopted child cannot claim the right to succession unless a custom of adoption can be proved. It has been held that a party can prove that there is custom of adoption among Christians in Punjab so as to change the rule of succession as laid down in this Act. Some Christians in Mysore and Travancore areas also claim the right of adoption. But they are yet to be judicially recognised.

 


Re.:

A. "Christian Law of Succession in India" by Dr. Sebastian Champappilly Published by Southern Law Publishers. ISBN 8187122005


B.
THE INDIAN SUCCESSION ACT, 1925 (in short The Act, 1925)https://indiacode.nic.in/fullact1.asp?tfnm=192539


C. Suggested to go through simple language of S(s). 23 till 30, 36 till 48 and 371 till 374 of The Act, 1925


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