SC on inheritance rights of son born to adoptee parent prior to his adoption

The Hon’ble Supreme Court, on 7th February 2020, in the matter of Kalindi Damodar Garde (D) By Lrs. v.Manohar Laxman Kulkarni & Ors. Etc. observed that a son born to an adoptee father prior to his adoption also has the right to inherit the property which his father inherited from the adoptive parents.

The Hon’ble Supreme Court observed that:

The Hindu Succession Act, 1956 will be applicable on the date succession opens. (Para 14)

Since there is no provision of denying the rights of succession to the natural born son of an adoptee father, therefore, the succession will be in terms of the provisions of the Hindu Succession Act alone. (Para 15)

The provisions of the Hindu Succession Act, do not make any distinction between the son born to a father prior or after adoption of his father. There is no provision which bars the natural born son to inherit the property of his natural father. Therefore a son born to an adoptee father prior to his adoption also has the right to inherit the property which his father inherited from the adoptive parents. (This inference has been drawn on the basis of Para 21)

Copy of judgement: Judgement_07-Feb-2020

-Adv. Tushar Kaushik

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