Category : General
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Delhi: The Supreme Court on Thursday ruled that a child adopted by a
Hindu widow would not have any rights on the property of the woman's
deceased husband and the child could lay claim only over the property
inherited by his mother.
A bench of Justice A.R.Dave and L.Nageswara Rao held that adoption of a
child would not disturb or take away the rights and interests of other
members of the family which they were entitled to before the adoption.
Referring to the Hindu Adoption and Maintenance Act, the court said
family members must get their share in the ancestral property which they
were entitled to before the child was adopted.
" By virtue Section 12 of the Adoption Act, an adopted child cannot
divest any person of any estate which vested in him or her before the
adoption," the bench said. The order came on the plea of an adopted son
claiming his right over the entire property of his family.
In this case, one Sharnappa died and left behind his wife and three
daughters. As he did not leave any will, his entire property was to be
equally divided among the remaining four members of the family.
Sharnappa's wife adopted a son 14 years after she lost her husband.
( Madurai edition of The Times Of India, Friday, November 18, 2016 )
Courtesy : MPS
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