Adopted child can claim share in the property of adoptive mother. My maternal grandmother’s (X) adopted son is claiming share in the joint family property of my maternal grandfather (Y). He was adopted by X after the death of her husband Y. At that point of time my mother and my mother’s sister were married. The X refused to live with my mother and adopted a son who was seven years old. Now X died and her adopted son has filed a partition suit and claiming 1/3 share in all properties of X. All those properties were inherited by X after the death of Y. Now my question is whether he has the right to claim share in the properties of X?
I have gathered some information on the internet and found that adopted son cannot claim share in the joint family property. That property was already devolved on my mother and her sister. Mrs X had not earned those properties she was just a care taker of that property. She had also no right to adopt a son when she already two daughters. All such things have done under the influence of my mama. He wanted to grab property of Y so he thoughtfully advised X to adopt a son.
Asked from: Uttar Pradesh
In the facts and circumstances stated, the adoption appears to be lawful, and the adopted son would be entitled to inherit the property of the adoptive mother. In the event of the death of X intestate, that is, without executing any testamentary instrument, the estate of the deceased shall devolve in accordance with the statutory rules of succession. Under the Hindu Succession Act, an adopted son is treated at par with a natural-born son for all purposes of inheritance and is, therefore, entitled to succeed to the property of the adoptive mother.
Accordingly, the property of deceased X would devolve equally upon her Class-I legal heirs, namely, the adopted son and her two daughters. Each legal heir would be entitled to an equal share, that is, one-third (1/3) each.
However, in the event the adoption is found to be illegal per se, or if the mandatory procedure prescribed for a valid adoption has not been duly complied with, the adopted child would acquire no right of inheritance. In such a situation, only the daughters of deceased X would inherit the property.
It is relevant to note that deceased X had no natural male issue and only daughters; therefore, she was legally competent to adopt a male child. Further, as her husband had predeceased her, it was not necessary for X to obtain the consent or permission of any person for adopting a son. Prima facie, therefore, the adoption appears to be valid in law.
With regard to the procedure of adoption, it is essential to verify whether the mandatory ceremony of “giving and taking” of the child was duly performed. Under Hindu law, a valid adoption requires that the child must be actually given in adoption by the biological parents or lawful guardian and taken by the adoptive parent. Such adoption may be effected either through the performance of customary ceremonies (adoption anushthan) or by execution of a valid adoption deed.
In the absence of proof of such ceremony or execution of an adoption deed, the person claiming adoption cannot be legally recognized as an adopted child and, consequently, would not be entitled to claim any share in the property of the adoptive mother.
Therefore, if the adoption is established to be legal and in conformity with the provisions of law, the adopted son acquires a vested right to succeed to the property of his deceased adoptive mother. It is immaterial that the said property was originally inherited by the adoptive mother from her husband, as upon inheritance it became her absolute property, capable of devolving upon her legal heirs in accordance with law.
Also read: Law regarding the adoption of child