A child born to adoptee before the adoption is entitled to get a share from the adoptive family

0
31
A child born to adoptee before the adoption is entitled to get a share from the adoptive family

The appeal was filed by the daughter of the adoptee who was born after the adoption of the adoptee to inherit the entire property of the adoptive family against the sons of the adoptee who were born before the date of the adoption. The issues raised before the court is whether the child born before the date of adoption of his natural father is entitled to take rights, title, and interest in the property of the adoptive family?

Adoption involves the process of creating the legal relationship between the child and the parents who are not naturally related. It is the judicial process through which the rights and obligations of the biological parents get terminated and the rights and obligations of the adoptive parents are created. It is the legally recognized mode for transplantation of the child from one family in which he was born to another family as a form of a gift.

Brief Facts:

The appeal was raised from the order of the High court of Bombay in deciding the writ petition of the order passed by the revenue authorities. The High Court held that son born before the adoption of the father is entitled to succeed in the property of the father.

In the present appeal, the natural-born son of the adoptee (appellant) has been excluded from the right, title, and interest of the suit property on the ground that he was born before the date of the adoption of the adoptee. The adoptee has owned the property of his adoptive parents. The three sons of the adoptee have been deprived of the right, title and interest on the property as they were born before the adoption of the adoptee and their rights and interests extend to the ancestral property. The only daughter of the adoptee has been given rights, interest over the property because she was born after the adoption of the adoptee. 

Key Features:

  • The questions is whether the three sons born before the adoption of the adoptee has rights over the property of the adoptive family.
  • The only daughter of the adoptee has taken the plea that she only has the right, title and interest over the property of the adoptee as she was born after the date of adoption.

Order:

The appeal against the order of the High court has been dismissed. The contention of the only daughter of the adoptee to inherit the entire property along with his mother as she was the only one who born after the adoption of the adoptee has been rejected. All the children of the adoptee are entitled to inherit the property of the natural father as there is no provision which bars the natural-born son to inherit the property of the natural father.

Edited by Pragash Boopal

Approved & Published – Sakshi Raje

LEAVE A REPLY

Please enter your comment!
Please enter your name here