Family law
Manjeet kumar sahu
(Querist) 10 December 2011
This query is : Resolved
Whether an adopted child can claim his/her right over the property of Natural guardian as well as over the property of Adopted Parent?
Devajyoti Barman
(Expert) 10 December 2011
An adopted child from the date of adoption becomes the member of his adopted parents as a result of which all his legal relations has been severed from his natural parents.
So after adoption, the child inherits only the properties of his adopted parent s and in no circumstances that of biological parents.
Advocate Bhartesh goyal
(Expert) 10 December 2011
After adoption,adopted child has no legal right over the properties of natural parents.
Manjeet kumar sahu
(Querist) 10 December 2011
Thank you sir.........
May i know the provision as to where is it explicitly mentioned?
prabhakar singh
(Expert) 10 December 2011
Yes That is section 12 of the Act.The provision is cited below for your ready reference:
Hindu Adoptions And Maintenance Act, 1956
[78 of 1956, dt. 21-12-1956][1]
Section 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.
COMMENTS
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.
Under the provisions of s.14 of the Hindu Succession Act, widow becomes an absolute owner, and it is not possible that the child adopted by her is divesting her of the right which has already been vested in her.- Dinaji v.Dadde AIR 1990 SC 1153.
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
prabhakar singh
(Expert) 10 December 2011
You are most welcome Mr.Manjeet !
Shonee Kapoor
(Expert) 10 December 2011
Aptly replied by Ld. Prabhakar Singh.
Thankyou sir.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Raj Kumar Makkad
(Expert) 11 December 2011
Prabhakar singh has already given much attension over your query no nothing much remains for me to add.
V R SHROFF
(Expert) 11 December 2011
THANKS TO Prabhakar Singhji,
Manjeet must have no further doubt.
Shailesh Kumar Shah
(Expert) 13 December 2011
So, According to Section 12 Of Hindu Adoptions And Maintenance Act, 1956, adopted child have no legal right over the properties of natural parents.
Advocate. Arunagiri
(Expert) 13 December 2011
Learned friends,
may see the following:-
12) 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;
What is your view on this?
prabhakar singh
(Expert) 13 December 2011
That is correctly there.If my person is moving my belongings shall also automatically
go with me.
Shailesh Kumar Shah
(Expert) 13 December 2011
Arunagiri Sir, I feel now query completed by you.
prabhakar singh
(Expert) 13 December 2011
Was it really incomplete there before Mr.Shah??????????????????????????
Shailesh Kumar Shah
(Expert) 13 December 2011
yes upto some extent.
Assuming that adopted child already vested any property and author is not disclosing before us?
prabhakar singh
(Expert) 13 December 2011
So we shall assume first then answer beyond.
Author got squarely satisfied on 10th Dec 11 by his expression of thanks and query for him is closed.To keep it continued is our assumption as you state.
