Inheritance Rights in the Natural and Adoptive Families

The Telangana High Court Full Bench has definitively ruled that “a child upon adoption ceases to be a coparcener of his or her birth family and consequently gives up any right or interest in the family ancestral property”. This means the adopted child loses all coparcenary rights and cannot claim any share in the ancestral property of their biological family.

Key Exception: Property Vested Before Adoption

There is one significant exception to this general rule. Property that was already vested in the child before the adoption will continue to belong to them even after adoption. Section 12 of HAMA specifically provides that “the adopted child is not deprived of the estate vested in him or her prior to his/her adoption”.

This exception covers several types of property:

• Self-acquired property of the child

• Property obtained by will before adoption

• Property inherited from natural father or ancestors before adoption

• Coparcenary property where partition had already taken place before adoption

• Property held by the child as the sole surviving coparcener

Legal Framework and Court Interpretations

Hindu Adoptions and Maintenance Act, 1956

Under HAMA, the adopted child becomes the legitimate child of the adoptive parents “for all purposes” from the date of adoption. This comprehensive legal transformation means:

• Complete severance of legal ties with biological family

• Full integration into the adoptive family with equal rights

• Loss of inheritance rights in biological family’s property (except pre-existing vested property)

Judicial Precedents

The courts have consistently upheld this principle. In Hirabai and Anr. v Babu Manike Ingale, the court held that “the adopted child loses all his rights in the family of his birth and those rights are replaced by the rights created by the adoption in the adoptive family”.

Special Circumstances and Exceptions

Voluntary Bequests

While adopted children cannot claim inheritance rights, biological parents can voluntarily leave property to their adopted child through a will or gift deed. This is purely at the discretion of the biological parents and does not constitute a legal right of the adopted child.

Partition Before Adoption

The Telangana High Court clarified that “only if a partition has taken place before the adoption and property is allotted to his share,” the adopted person can carry that specific property to the adoptive family.

Pre-Adoption Coparcenary Rights

Some courts have held that if a child had already acquired vested coparcenary rights before adoption, these rights continue even after adoption, as “property vests in a coparcener by birth”.

Rights in Adoptive Family vs. Biological Family

It’s important to distinguish between the adopted child’s rights in different families:

In Adoptive Family:

• Full inheritance rights equal to biological children

• Rights to both ancestral and self-acquired property

• Cannot be discriminated against in property distribution

In Biological Family:

• No inheritance rights (general rule)

• Only pre-existing vested property continues to belong to them

• No coparcenary rights in ancestral property

Documentation Requirements

For any property claims, proper legal documentation of the adoption is essential. Without valid adoption documentation, no property rights can be established in either family. The adoption must be legally recognized through proper procedures such as adoption deeds or court orders.

The law aims to provide clarity and prevent conflicts by establishing clear boundaries between the rights in biological and adoptive families, ensuring that adopted children are fully integrated into their new family structure while protecting any property interests they may have had before adoption.