Lucknow, India – In a landmark decision, the High Court has ruled that an adopted child holds full rights to the property of their adoptive parents, settling an ongoing legal dispute that questioned inheritance claims under adoption.
The case, involving a man named Jagdish, raised crucial legal questions about the inheritance rights of adopted children, particularly when adoption occurs within extended families. The court’s verdict has now clarified the position of adopted children under Indian inheritance law prior to 1977.
The Background: Adoption and Inheritance Conflict
The dispute began when Jagdish, the petitioner, claimed legal inheritance rights to the property of his deceased adoptive father—his maternal uncle—who had adopted him through a traditional ceremony. Upon the uncle’s passing, the deceased’s sisters (the petitioner’s maternal aunts) contested Jagdish’s claim, asserting their own rights to the property.
They filed an application under Section 12 of the Uttar Pradesh Consolidation of Holdings Act, 1953, challenging the legality of Jagdish’s adoption and his entitlement to the deceased’s estate.
Jagdish presented an adoption deed dated October 25, 1974, as proof that he was the legally adopted son of the deceased, and therefore, the rightful heir to the entire property—both movable and immovable assets.
Legal Arguments Presented
Jagdish argued that under the laws applicable at the time, there was no requirement for adoption deeds executed before January 1, 1977 to be registered. His legal team highlighted that the adoption was uncontested at the time it occurred, and no objections were raised by the adoptive father’s wife during the process.
However, the respondents (the aunts) challenged the adoption’s validity. They questioned whether proper legal procedure was followed, particularly noting that the deceased’s wife was alive at the time but did not provide formal consent for the adoption—a key requirement under Hindu adoption law.
Initially, the Consolidation Officer ruled in favor of Jagdish, acknowledging his status as the adopted son. But this decision was overturned on appeal by the respondents. Jagdish then filed a revision petition, which was also dismissed, leading him to move the High Court for relief.
High Court’s Verdict: Adoption Deed Valid, Property Rights Affirmed
After hearing arguments from both sides, the High Court carefully examined the timeline and documentation of the adoption. It determined that the adoption was conducted lawfully and in accordance with the customs and legal provisions prevailing prior to 1977.
The court emphasized that registration of adoption deeds was not mandatory before January 1, 1977, and therefore, the absence of registration did not invalidate the adoption. It also observed that there was no substantial evidence to prove that the adoption was illegitimate or that any objection had been raised at the time.
In its final judgment, the court upheld Jagdish’s claim, affirming his full legal right to the deceased’s entire property, both movable and immovable. The High Court set aside the appellate authority’s order, reinforcing the lower officer’s original decision in Jagdish’s favor.
Legal Significance
This verdict sets a precedent for similar cases involving adoption within families and highlights the legal recognition of informal adoption deeds executed prior to 1977. The judgment serves as a strong reaffirmation of adopted children’s rights under Hindu personal law, and a reminder of the legal processes that governed adoption practices in earlier decades.
