A Note on Proviso (B) to Section 12 of the Hindu Adoptions and Maintenance Act, 1956
By
V. Raveendra Reddy
Under Section 12 of the Hindu Adoptions and Maintenance Act, 1956 an adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of adoption. And from such date, the child loses all his relationship with his natural family and those relations are created and established in the adoptive family. One of the exceptions to this general rule is laid down in the Proviso (b). According to it any property 'vested' in the adopted child before adoption shall continue to vest in such child even after adoption subject to the obligations, if any, attaching to the ownership of such property. Thus the Proviso (b) clearly says that the adopted child shall take from the family of his birth to the adoptive family only that property which was 'vested' in him before adoption. If the property was not vested in him, then he shall not be entitled to take the property away from the natural family.
The question for consideration is ....