rohit verma 20 March 2018

law related to hindu joint family.

what is the law related to undivided hindu joint family.if a member of joint family adopt a child .what is the rules in law.

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12 Replies

Adv. SIddharth Jain (Advocate ) 20 March 2018

Adoption has the effect of transferring the adopted child from his natural family into the adoptive family. It confers on the adoptee, the same rights and privileges in the family of the adopter as the legitimate son except in few cases. While an adopted child acquires rights in the adoptive family, he loses all the rights in his natural family, including the right of claiming any share in the estate of his natural father’s or natural relations or any share in the coparcenary property of his natural family.

Regards,
Siddharth Jain

rohit verma 20 March 2018

OK, sir but query is that simply the child care in family but no registration of adoption i.e unadopted child girl rights in a joint hindu family .

Adv. SIddharth Jain (Advocate ) 20 March 2018

Section 16 of Hindu Adoptions and Maintenance Act envisages a statutory presumption that in the event of there being a registered document pertaining to adoption there would be a presumption that adoption has been made in accordance with law S.11(vi) of the Act, which records that the child to be adopted must be actually given and taken in adoption by the parents or guardian concerned with intent to transfer the child from the family of its birth to the family of its adoption.
So, you'll have to get adoption deed drafted and file it in SDM office.
For further information about this, contact me at isidjain1@gmail.com

Kumar Doab (FIN) 20 March 2018

The adopted child gets rights as that of biological child…

The valid adoption has already been cited above.

IT is not just child care but legal rights e.g; inheritance as well per Hindu Succession laws...

rohit verma 21 March 2018

that unadopted girl used name of my uncle in high-school certificate, ration card, gas book,pan card,etc.as a father. so she has a rights in his property. in case of unregistered adoption deed.or any documents related to her adoption.