Are Adopted Children Entitled to Inheritance Rights in India?

Under Indian law, adopted children are entitled to the same inheritance rights as biological children. This is true across various personal laws, including the Hindu Succession Act and the laws governing other communities. However, the specifics may vary depending on the personal laws governing the individual and the type of adoption (whether under the Hindu Adoption and Maintenance Act or the Juvenile Justice Act, or inter-country adoption).

In India, adopted children gain full legal rights to inherit from their adoptive parents, which includes the right to claim property and assets, just like a biological child. These rights ensure that the adoptive child is treated equally to a biological child in matters of inheritance and succession.

Legal Framework for Inheritance Rights of Adopted Children in India

1. Hindu Adoption and Maintenance Act, 1956

For Hindu families, the Hindu Adoption and Maintenance Act, 1956 is the primary legislation governing adoption. According to this Act:

• Adopted children are treated as natural born children of the adoptive parents.
• An adopted child has inheritance rights in the adoptive family, meaning they can inherit property from the adoptive parents as if they were biological children.
• The child cannot inherit from their biological family (i.e., the family from which they were adopted), unless the biological parents have made specific provisions or the adoption is of a step-child (under certain circumstances).

2. Hindu Succession Act, 1956

Under the Hindu Succession Act, adopted children have the same rights of inheritance as biological children in matters relating to property, assets, and succession. This includes:

• Self-acquired property: An adopted child has a right to inherit the self-acquired property of the adoptive parents.
• Ancestral property: Adopted children also have rights to the ancestral property of the adoptive parents, as per the coparcenary system of inheritance under Hindu law.

3. Other Religious Communities (Muslims, Christians, etc.)

Different religious communities in India have different laws regarding inheritance rights for adopted children. Here's a breakdown:

• Muslim Law: In Islamic law, adoption does not create the same rights of inheritance as in Hindu law. However, adopted children may receive a share of the property through a will (testamentary bequest) from the adoptive parents.
• Christian Law: Christians in India are governed by their own personal laws, but adoption does not provide automatic inheritance rights under Christian law. The adoption of children by Christian parents may not confer inheritance rights unless specific provisions are made in the will.
• Parsi Law: Under Parsi law, an adopted child generally does not inherit from the adoptive parents unless there is a will stating otherwise.

4. The Juvenile Justice Act, 2015 (For Inter-Country Adoption)

Under the Juvenile Justice (Care and Protection of Children) Act, 2015, adopted children, especially in the case of intercountry adoption, are also entitled to inherit from their adoptive parents. This law aligns with international standards and ensures that children adopted through this process are granted inheritance rights equivalent to those of biological children under Indian law.

5. Inheritance Rights of Adopted Children in a Will

If the adoptive parent has a will, they can specify the inheritance rights of the adopted child, ensuring that the child receives a share of the property. In the absence of a will, the laws of succession, whether under the Hindu Succession Act or another applicable personal law, would govern the inheritance of property.

Legal Protections for Adopted Children in Terms of Inheritance

Once legally adopted, children are afforded certain protections in terms of inheritance. These legal safeguards include:

• Legal Recognition: Adopted children, once adopted legally, have the same legal status as biological children in the eyes of the law. This status extends to inheritance rights, giving them entitlement to the adoptive parents' estate.
• Equal Rights: Adopted children are entitled to inherit equally, both from the self-acquired property and ancestral property of their adoptive parents, as per the provisions of the applicable laws (e.g., Hindu Succession Act for Hindus).
• Parental Will: Adoptive parents can make a will to further solidify their adopted child's inheritance rights. If no will is made, the statutory laws of inheritance will apply, and the adopted child will inherit as if they were biological children.

Example

Mr. Ravi, a Hindu man, adopts a 5-year-old girl, Sanya, under the Hindu Adoption and Maintenance Act. Sanya is entitled to inherit from Ravi’s self-acquired property as well as from his ancestral property. Mr. Ravi passes away, leaving no will. Under the Hindu Succession Act, Sanya inherits the same share of his property as his biological children would have.

On the other hand, if Mr. Ravi had been Muslim, the inheritance rights would have been different, as Muslim law does not automatically grant inheritance rights to adopted children. However, he could have specified in a will that Sanya inherits part of his estate.

Summary

Adopted children in India are entitled to inheritance rights under Indian law, particularly under the Hindu Adoption and Maintenance Act, the Hindu Succession Act, and the Juvenile Justice Act for intercountry adoption. These children inherit property and assets from their adoptive parents as if they were biological children, including both self-acquired and ancestral property. In contrast, Muslim, Christian, and other religious communities may have different inheritance rules, and inheritance may depend on the existence of a will. The legal rights of an adopted child are equal to those of biological children once the adoption is legally formalized.