Adoption is a beautiful way to give a child a home and family, but it also comes with important legal rights and responsibilities. In India, for Hindus, adoption is governed by the Hindu Adoption and Maintenance Act, 1956, while inheritance rights for both biological and adopted children are covered by the Hindu Succession Act, 1956.
The Hindu Succession Act ensures that adopted children are treated equally to biological children, especially in matters of property inheritance. For anyone seeking legal advice on adoption, contacting a law firm specializing in family law can provide guidance on the rights of adopted children and the legal process.
In this blog, we will discuss the key rights of adopted children under the Hindu Succession Act and how they are treated in matters of inheritance.
Equal Rights in Inheritance
One of the most important aspects of the Hindu Succession Act is that it gives adopted children the same rights as biological children. This means that if a person legally adopts a child, that child has the same right to inherit the adoptive parent’s property as a biological child would. To ensure these rights are protected, seeking advice from the best advocate in Chandigarh can be beneficial in understanding the full legal scope of adoption.
For example, if a man adopts a child and later passes away without leaving a will, the adopted child is entitled to an equal share of the property, just like any biological child. The law does not differentiate between the two when it comes to inheritance rights.
Rights to Ancestral Property
In Hindu law, there is a concept called ancestral property, which is property that has been passed down through generations. Adopted children have the same rights as biological children when it comes to this ancestral property. This means they are entitled to a share of the family property just like any other child in the family.
For example, if a person adopts a child, that child becomes a member of the family and has a legal right to a share in the family’s ancestral property. This is especially important in large families where the property is shared among several generations.
Right to Maintenance
Under Hindu law, parents are required to provide maintenance for their children, which means they must take care of the child’s needs, such as food, shelter, education, and health. An adopted child is also entitled to receive maintenance from the adoptive parents, just like a biological child.
This means that the adoptive parents have the same responsibility to care for the adopted child’s well-being as they would for their biological child. If the parents neglect this duty, the adopted child can claim legal support.
No Inheritance Rights in Biological Family
Once a child is adopted, they lose their rights to inherit from their biological parents. Once the adoption is legally completed, the adopted child is considered a full member of the adoptive family, and their inheritance rights are limited to the adoptive family only.
For example, if a child is adopted by a family, they cannot later claim any inheritance from their biological parents’ property. All their rights, including inheritance, are transferred to the adoptive family. If disputes arise regarding this transition, a divorce lawyer can assist in resolving these issues through proper legal channels.
Inheritance When There Is a Will
When a person passes away and leaves behind a will, the property is distributed according to the instructions in the will. If an adopted child is mentioned in the will, they will inherit as per the will. However, if an adopted child is not mentioned, their rights can still be protected under the Hindu Succession Act.
If the adopted child is not excluded from the will and there is no clear mention about them, they still have a right to inherit property as a legal heir, just like any biological child.
Equal Treatment of Adopted and Biological Children
The Hindu Succession Act ensures there is no discrimination between adopted and biological children when it comes to inheritance. Whether the child is adopted or biological, they have the same rights in the family. This is a key part of the law to ensure fairness and equality.
For example, if a family has one biological child and one adopted child, both will get an equal share of the property when the parents pass away, unless a will states otherwise.
Legal Cases Supporting Equal Rights
Indian courts have repeatedly upheld the equal rights of adopted children. In cases like G. Sekar vs Geetha (2009), the Supreme Court confirmed that adopted children have the same inheritance rights as biological children, particularly in ancestral property. Similarly, in Yashpal Luthra vs Suresh Luthra (2004), the court ruled that once a child is legally adopted, they cannot be treated differently from a biological child in matters of inheritance.
Conclusion
The Hindu Succession Act, 1956, gives adopted children the same rights as biological children in matters of inheritance and property. This means that once a child is adopted, they have an equal right to the adoptive parents’ property, including ancestral property. They also have the right to receive maintenance from their adoptive parents.
Adopted children lose their legal ties to their biological family and cannot claim any inheritance from them. The law ensures that adopted children are treated fairly and equally, helping them to feel fully integrated into their new family.
By seeking proper legal advice, families can make informed decisions and ensure the adopted child’s rights are fully protected under the law.