Answer By law4u team
In India, the rights of adopted children regarding inheritance from their biological parents are governed by a combination of personal laws and statutory frameworks. Under the Hindu Adoptions and Maintenance Act (HAMA), 1956, an adopted child inherits from the adoptive parents as a biological child would, but their rights to inherit from the biological parents are more restricted. In contrast, Muslim law and the Indian Succession Act provide specific guidelines regarding inheritance for adopted children, especially in terms of their relationship with their biological family.
Legal Framework Governing Inheritance for Adopted Children
1. Hindu Law (Under Hindu Adoptions and Maintenance Act, 1956)
Inheritance from Adoptive Parents:
Once an adopted child is legally adopted, they have the same rights as a biological child in terms of inheritance from the adoptive parents. This means they can inherit self-acquired and ancestral property from the adoptive family.
Inheritance from Biological Parents:
According to Section 12 of the Hindu Adoptions and Maintenance Act (HAMA), an adopted child loses all rights in the property of their biological parents after the adoption is finalized.
Therefore, an adopted child cannot inherit the property of their biological parents after being adopted. The adoption severes all ties, including inheritance rights, to the biological family.
This legal severance is absolute, meaning that the adopted child cannot claim property from their biological parents under Hindu law.
Exceptions:
If the adopted child has not severed ties with their biological family (such as in cases where the biological parents still provide maintenance), then in rare circumstances, the courts may intervene to ensure the adopted child's welfare.
2. Muslim Law
Adopted Children and Inheritance:
Under Sharia law, adopted children do not have automatic inheritance rights in the property of their biological parents.
However, an adopted child can inherit from their adoptive parents, provided that the adoptive parents make a will for them.
The biological connection is key in Muslim law, and the child’s inheritance is governed by the Sharia inheritance system, which only recognizes inheritance based on blood relations.
Gift and Will:
If a biological parent wants to ensure that their adopted child inherits a portion of their property, they must do so through a will (as long as it doesn’t exceed one-third of the total estate).
However, this will does not give the child automatic rights to the biological parent’s estate; it is a voluntary decision of the biological parent.
3. Indian Succession Act (for Christians and Others)
Adopted Child's Rights to Inherit:
Under the Indian Succession Act, an adopted child is considered as a legal heir to the adoptive parents' property.
However, the adopted child has no claim to the biological parents' property unless the biological parent makes a specific provision in a will or under certain conditions.
Securing Rights Through a Will:
As with Muslim law, if an adopted child wishes to inherit from their biological parents, the biological parents must specify this in a will.
Key Legal Concepts:
Severance of Ties (Hindu Law)
After adoption, an adopted child loses all claims to property from their biological parents under Hindu law, even if the biological parents pass away.
Inheritance from Adoptive Parents
The adopted child has full rights to inherit from the adoptive parents just as a biological child would.
Testamentary Freedom
Biological parents can choose to include the adopted child in their will, but the child does not have automatic rights to their property under Hindu, Muslim, or the Indian Succession Act.
Adoption vs. Guardianship
Adoption creates a legal parent-child relationship, but a guardian does not. The latter does not allow the child to inherit from the guardian's estate.
Legal Protections and Safeguards
Rights of an Adopted Child under Hindu Law
Even though they lose inheritance rights from their biological parents, adopted children are entitled to maintenance from their adoptive parents until they are independent.
Protection for Adopted Children under Muslim Law
While Muslim law does not allow adopted children to inherit from biological parents, adopted children can still receive a portion of the estate through a will, and this will must adhere to the limits set by Sharia law.
Adopted Child’s Claim to Biological Property via Will
An adopted child can claim property from their biological parents if the parents specify this in a will. This applies to all personal laws, including Hindu, Muslim, and Christian law.
Example
Scenario 1 (Hindu Law):
Ravi was adopted by Mr. and Mrs. Sharma when he was 6 years old. The Sharmas had a large estate, including agricultural land, which was passed down from their ancestors. Mr. Sharma passes away, and Ravi seeks to claim his inheritance from the property. However, since Ravi is adopted under the Hindu Adoptions and Maintenance Act, 1956, he has no rights to Mr. Sharma’s ancestral property as the adoption severed ties with his biological family. Ravi only has inheritance rights to the property of the Sharma family.
Scenario 2 (Muslim Law):
Zara, a 10-year-old girl, was adopted by the Ali family under Muslim law. Zara’s biological parents passed away when she was young, and the Ali family raised her. However, Zara does not automatically inherit from her biological parents under Sharia law. If her biological parents had written a will, Zara could have been included in it, but otherwise, she is not entitled to claim any property from her biological family.
Scenario 3 (Indian Succession Act):
John, a Christian, adopted a child named Mary. John has a self-acquired property worth a substantial amount. When John passes away, Mary inherits the property as his legal heir, just as a biological child would. However, she has no claim to John’s biological family’s estate, unless a will is made in her favor by them.
