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RIGHTS OF ADOPTED CHILD IN NATURAL PARENTS PROPERTY

Adoption under Hindu Law is governed by Hindu Adoptions and Maintenance Act which prescribes the procedure of Adoption of a child. The Act is not applicable on Muslims, Christians, Parsis or Jews and it is also not applicable to the adoptions which took place before the enactment of the Act in 1956.

As per this Act, only a person who falls under the definition of Hindu may adopt subject to the fulfillment of certain criteria mentioned in the Act. The Child be it male or female must not be above the age of 15 years unless there is any custom prevalent for adoption of a child of 15 and above years of age.

This Video provides information as to the rights of the adopted child in the property rights of the biological parents. As per the provisions of this Act. an adopted child would become a coparcener in the adopted family after severing all his ties with the natural family parents which gave birth to him. He would “for all purposes” be considered a child born in the adopted family. Hence, on being adopted, the adopted child looses all his rights be it inheritance, property, maintenance, etc in his biological family and can claim only from the adoptive parents properties.

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