Can a child adopted by a widow inherit deceased husband’s property? Here’s what Allahabad High Court ruling says
Inheritance rights of an adopted child are often questioned but Allahabad High Court’s recent judgement has cleared the confusion. The case pertains to inheritance rights over agricultural land of a child adopted by a widow after her husband’s death. The court ruled that a child adopted by a widow after her husband’s death is considered to have been adopted by the deceased husband as well and is therefore entitled to inherit his share of the property after her death.
The petitioner, Ram Kripal of Prayagraj, had filed a lawsuit against his relative Ramji in 1983 after the Consolidation Officer allowed Ramji’s entry as a co-sharer in ancestral holdings. Ram Kripal challenged the Consolidation Officer’s order pleading that the entry was wrong and should be expunged. The dispute centres around multiple agricultural plots in Jawania, Keshavpatti and Atawaria villages in the Meja area of the then Allahabad district, now Prayagraj.
The defendant Ramji, who was the adopted son of Moti Rani and Murlidhar, contended his inheritance right in the in the ancestral property of his deceased father. Ramji was adopted by Moti Rani through an adoption deed dated 2 August 1960.
The High Court bench presided by Justice Chandra Kumar Rai on 30 July dismissed the petition citing Supreme Court’s verdict on a similar case relating to Sawan Ram vs Kalawanti and another judgment in the Subhash Misir case. “Considering the ratio of law laid down by Apex Court and this Court, there is no illegality in the exercise of jurisdiction by the consolidation authorities in holding that Ramji will inherit as adopted son of Smt. Moti Rani and Murlidhar” HC ruling reads.
The court concluded that the consolidation authorities had correctly scrutinized the evidence and that there was no ground for interference under Article 226 of the Constitution. The court ruled, “There is no dispute about the fact that Consolidation Officer, Settlement Officer of Consolidation and Deputy Director of Consolidation in both the aforementioned writ petition have held that Ramji is adopted son of Murlidhar and Smt. Moti Rani and Ramji is entitled to inherit as adopted son of Murlidhar and Smt. Moti Rani.”
Dismissing Ram Kripal’s writ petitions, the High Court bench said, “Considering the categorical finding of fact recorded by all the consolidation authorities in both the writ petition, there is no further scope for interference by this Court under Article 226 of the Constitution of India against the impugned orders passed by consolidation authorities.”
What does India’s adoption law say
In 1956, Hindu Adoptions and Maintenance Act, also known as HAMA, lifted the requirement that a widow’s adoption needs to be approved by her spouse. As per the current law, a child adopted by a widow without her husband’s permission will be treated as the widow’s deceased husband’s son.
