Rights of Adoptive Child with Respect to Property

Adoption is a life-changing process for both parents and children. In India, the RIGHTS OF ADOPTIVE CHILD are critical for ensuring their welfare and equal standing in the adoptive family. Governed by the Hindu Adoptions and Maintenance Act (HAMA), 1956, these rights provide adopted children with the same legal recognition as biological offspring. This article explores the adoption framework, legal provisions, key judgments, and steps to safeguard the property rights of adopted children.

Adoption Under Hindu Law

• Valid Adoption Under Hindu Law

Adoption in India is a legally defined process under HAMA, 1956, requiring compliance with these conditions:

1. Legal Capacity of the Adopter:
   • A Hindu male or female of sound mind can adopt.
   • A married person needs the consent of their spouse for adoption.
2. Eligibility of the Adopted Child:
   • The child must be Hindu and under 15 years of age unless customs state otherwise.
3. Giving and Taking Ceremony:
   • Adoption must be formalised through a physical act of “giving and taking” the child.

Once adopted, the child becomes a legitimate member of the adoptive family, gaining equal legal and social rights.

Effects of Adoption in Hindu Law

Adoption legally severs all ties between the child and their biological family, transferring them to the adoptive family. This transition impacts property rights significantly:

• The adopted child is treated as a natural-born child for inheritance purposes.
• They gain rights to both ancestral and self-acquired property of the adoptive family.
• The biological family cannot claim any rights over the child post-adoption.

Inheritance Rights of Adopted Child

• Equal Property Rights

Under HAMA, the inheritance rights of adopted children are identical to those of biological children. Adopted children can:

1. Claim a share of ancestral property as a coparcener in a joint family system.
2. Inherit self-acquired property without discrimination.

Legal Safeguards

HAMA, 1956 explicitly states that an adopted child “shall be deemed to be the child of their adoptive parents for all purposes,” ensuring equality.

Landmark Cases on Adoption

1. Gita Hariharan vs. Reserve Bank of India (1999)
   The Supreme Court upheld the principle of equal status for adopted children, ruling that they inherit property on par with biological children.
2. Sawan Ram vs. Kalawati (1967)
   The court reiterated that an adopted child’s rights are irrevocable and integral to their inclusion in the adoptive family.
3. Bhubaneswar Naik vs. Akrura Charan Naik (1977)
   This case emphasised that adopted children cannot be denied their share in ancestral property.

Why Misunderstandings Arise

Misconceptions about adoption often stem from societal biases and lack of awareness. Some common issues include:

• Discriminatory practices in property distribution.
• Failure to document the adoption process, leading to disputes.

Steps to Ensure the Rights of Adopted Children

• Legal Compliance

1. Follow all procedural requirements under HAMA, 1956.
2. Document the adoption formally to avoid future challenges.

• Awareness and Education

1. Educate families on the legal and moral equality of adopted children.
2. Spread awareness about the consequences of non-compliance.

• Consult Legal Experts

Engage legal advisors to ensure the adoption process aligns with the law and secures property rights effectively.

How Individuals Can Address Property Disputes

Adoptive parents and children can prevent disputes by:

• Clearly documenting property distribution in wills or legal agreements.
• Seeking mediation or legal intervention for unresolved conflicts.

Outlook on Property Rights of Adoptive Children

Indian laws, especially HAMA, 1956, have created a robust framework to safeguard the inheritance rights of adopted children. However, effective implementation requires awareness, legal compliance, and societal acceptance. By understanding the laws and their implications, families can ensure fairness and justice for adopted children.

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LawCrust Legal Consulting Services, a subsidiary of LawCrust Global Consulting Ltd, is a leading provider of legal solutions across India and internationally. From adoption laws to complex property disputes, our expert team offers personalised guidance. With offices in Mumbai, Thane, Kolkata, Bangalore, and Dubai, we specialise in:

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