Answer By law4u team
The legal status of adopted children in property succession depends on the specific laws governing inheritance in India, which vary based on the religion and personal law of the individual. While adopted children are generally treated as legal heirs in many systems, their rights in property succession can differ across different religious laws. Below is a detailed breakdown:
1. Under Hindu Law (Hindu Adoption and Maintenance Act, 1956):
Adopted Children as Legal Heirs:
According to the Hindu Adoption and Maintenance Act, 1956, once a child is legally adopted, they are treated as a biological child for all legal purposes, including property inheritance. This means that an adopted child has the same inheritance rights as biological children.
Inheritance from Adoptive Parents:
The adopted child has full rights to inherit the adoptive parent's property, whether the parent dies intestate (without a will) or has made a will. The adopted child inherits alongside the biological children of the adoptive parents.
Succession to Biological Parents' Property:
While the adopted child has the right to inherit from the adoptive parents, they do not inherit property from their biological parents unless specifically mentioned in the will. Adoption severs the child's legal relationship with their biological family (except in the case of self-acquired property by the biological parents).
Example:
If a Hindu man adopts a child, that child will have the right to inherit from the man's estate as if the child were his biological child. However, the adopted child would not automatically inherit from their biological parents unless specified.
2. Under Muslim Law:
Adopted Children and Inheritance:
Muslim personal law does not recognize adoption in the same way as Hindu law. Instead, Muslims have the concept of kafala, which involves the care and guardianship of a child but does not create a legal bond of inheritance between the child and the adoptive family.
Inheritance Rights:
Under Muslim law, adopted children do not automatically inherit the estate of the adoptive parents. They are not considered legal heirs unless the adoptive parent specifically bequeaths them property in a will (wasiyyah), which can be up to one-third of the estate.
Kafala vs. Adoption:
While an adopted child under kafala has the right to be cared for and provided for, they do not have automatic inheritance rights to the adoptive parent's property unless the parent explicitly states their wishes in a will.
Example:
If a Muslim family adopts a child under kafala, that child cannot claim inheritance from the family unless the parents have mentioned them in their will.
3. Under Christian Law:
Adopted Children and Inheritance:
In India, Christian law follows the Indian Christian Marriage Act, which does not have specific provisions for adoption, unlike Hindu law. However, if a Christian child is legally adopted under the provisions of the Adoption and Maintenance Act (which is applicable to all religions), the child will have the same inheritance rights as biological children.
Inheritance from Adoptive Parents:
Once an adoption is formalized, the adopted child is entitled to inherit property from the adoptive parents in the same way as a biological child. However, the child does not inherit from their biological parents unless specified in the will.
Inheritance from Biological Parents:
If the child is adopted, they lose the right to inherit from their biological parents unless the biological parents leave them a share in their will.
4. Under the Indian Succession Act, 1925:
Wills and Inheritance:
Under the Indian Succession Act, 1925, adopted children can be included as heirs in a will. The adoptive parents may specifically bequeath property to their adopted children, and the child will inherit according to the will's terms, just like a biological child.
Inter-Country Adoption:
In cases of inter-country adoption (such as an Indian couple adopting a child from abroad), the inheritance rights are still governed by Indian laws, but issues may arise regarding the jurisdiction and legal recognition of the adoption process under Indian law.
5. Inheritance in Case of Intestate Succession (Without a Will):
Hindu Law:
As mentioned earlier, adopted children are treated as biological children under Hindu law for the purpose of inheritance. This means that if a Hindu person dies intestate, an adopted child has the same rights to inheritance as a biological child under the Hindu Succession Act.
Christian Law:
Under the Indian Succession Act, an adopted child will be treated as a legal heir and will inherit from the adoptive parent just like a biological child, unless the will specifies otherwise.
6. Challenges and Disputes:
Disputes in Adoption:
While adoption is generally considered a permanent and legal process, disputes can arise if the adoption is contested or if the will does not clearly define the rights of the adopted child. Family members may challenge the inheritance of the adopted child, especially if they feel the adoption was not valid or if they have conflicting claims over the property.
Legal Proceedings:
In cases where the inheritance rights of an adopted child are disputed, the court will usually interpret the applicable adoption laws and succession laws to determine the child’s entitlement, ensuring that the child’s rights are protected.
Example Scenario:
A Hindu man, Mr. Sharma, adopts a child, Amit, after the death of his first wife. Mr. Sharma later dies intestate, leaving behind his two biological children from his first marriage and Amit. As per Hindu law, Amit will have the same inheritance rights as Mr. Sharma’s biological children, meaning he will share the estate equally with them. However, if Mr. Sharma had adopted Amit under Muslim law (through kafala), Amit would have no automatic inheritance rights unless Mr. Sharma had specifically mentioned him in his will.
Conclusion:
In Indian law, adopted children generally have equal inheritance rights as biological children, especially under Hindu law and the Indian Succession Act. However, under Muslim personal law, adopted children do not automatically inherit from the adoptive parents unless specifically mentioned in a will. The treatment of adopted children in property succession is largely governed by the religion and personal laws applicable to the family, with the Hindu Adoption and Maintenance Act providing the most extensive protection in terms of inheritance rights.
