- 19-Apr-2025
- Healthcare and Medical Malpractice
In India, adopted children enjoy inheritance rights, which are generally recognized under various laws, including the Hindu Adoption and Maintenance Act (HAMA), 1956, and the Hindu Succession Act, 1956. The inheritance rights of an adopted child are comparable to those of a biological child, meaning that once the adoption is legally finalized, the child is entitled to the same rights as a biological child in terms of property, succession, and inheritance. This is true both for personal property and ancestral property, with some legal nuances regarding different religious communities.
The Hindu Adoption and Maintenance Act (HAMA) allows adopted children to inherit property just like biological children.
Adopted children are considered as legitimate children under the law once they are adopted. According to Section 12 of HAMA, once a child is adopted, they acquire the same rights as a biological child of the adoptive parents, including the right to inherit the adoptive parents' self-acquired property and ancestral property (under certain conditions).
Specifically, the law states that:
Under Hindu law, ancestral property refers to property that has been inherited from the paternal side and remains undivided across generations. The rules regarding inheritance in the case of ancestral property are slightly more complicated:
Muslim Law: Under Muslim personal law, adoption is not recognized as per se for inheritance purposes. Muslims do not have inheritance rights to the adopted child in the same way as Hindus do under HAMA. Instead, Muslims may give property through gifting during their lifetime but cannot inherit from an adopted child or adoptive parents.
Christian and Parsi Laws: Similar to Muslims, Christian and Parsi adoption laws do not provide automatic inheritance rights for adopted children under their personal laws. However, an adopted child can still be included in the inheritance through wills or testamentary documents.
In these communities, if the adoptive parent has left a will or testament, they can specifically mention the adopted child’s rights to inheritance, but this is not automatically guaranteed by the law.
The Hindu Succession Act, 1956 governs the inheritance and succession rights of Hindus in India. It gives adopted children the right to inherit from the adoptive parents' property in the same manner as biological children.
Section 12 of HAMA ensures that adopted children are treated the same as biological children under the Hindu Succession Act in terms of inheritance from both the self-acquired property and ancestral property of the adoptive parents.
However, the child cannot inherit from the biological family once the adoption is finalized, as they are no longer considered a part of the biological family under Hindu law.
Adopted children are also entitled to inherit from a will left by the adoptive parents. If the adoptive parent has made a will, the adopted child can be included as a legal heir under the will, provided the will explicitly states their inheritance rights.
Similarly, if the adoptive parent dies intestate (without a will), the adopted child will inherit their share according to the rules of intestate succession as outlined under the Hindu Succession Act.
After the adoption is legally completed, the child has full inheritance rights from the adoptive family. The adoption makes the child a legal heir to the adoptive parents’ estate, and the child is treated in the same way as a biological child for all legal purposes related to inheritance.
Paternal and Maternal Property: An adopted child will inherit property from both the adoptive father and mother, and may also inherit property from their adoptive siblings or relatives. The adoptive family can leave a portion of their estate to the adopted child in the event of their death.
Aarav, an adopted child, was legally adopted by Anil and Sunita under the Hindu Adoption and Maintenance Act. Aarav is entitled to inherit both the self-acquired property and ancestral property of Anil and Sunita. When Anil passes away, Aarav will have the same rights as Anil’s biological children to inherit from the ancestral property. However, since Aarav’s biological parents are no longer involved legally after the adoption, he cannot inherit from them. If Anil and Sunita had written a will, Aarav would have been named as an heir, ensuring his inheritance rights.
Similarly, if Rina was adopted by Krishnan after the death of his father, Rina would be entitled to inherit from Krishnan’s self-acquired property and, in some cases, ancestral property, if the adoption was in line with the legal provisions. But if Krishnan had siblings, they would also have claims under the Hindu Succession Act.
In India, adopted children are entitled to inheritance rights on par with biological children. Under the Hindu Adoption and Maintenance Act (HAMA), adopted children gain full inheritance rights to the self-acquired and ancestral property of their adoptive parents. They are treated as legal heirs in the same way as biological children, and have the right to inherit from both the adoptive father and mother. However, once adopted, the child loses inheritance rights from their biological family. These rights extend to both testamentary succession (via a will) and intestate succession (in case of death without a will). Non-Hindu adoption laws, such as those governing Muslims, Christians, and Parsees, do not automatically grant inheritance rights, but can be established through wills or gifts.
Answer By Law4u Team
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