AIR 2001 RAJASTHAN 318 ::(2001) 2 WLC(RAJ) 32 ::(2001) 2 MarriLJ 580 ::2001 (2) CivilCourtC 194 ::(2001) 4 RecCivR 615 ::2001 (4) ICC 64 ::(2002) MatLR 139 ::2001 (1) RajLR 539 ::2001 (2) RajLW 954

Rajasthan High Court

Hon'ble Judge(s): Ar. Lakshmanan , C.J. AND Himmat Ram Panwar , J

(A) Hindu Adoptions and Maintenance Act (78 of 1956) , S.12(c)— Effect of adoption - Death of one of co-parceners - Adoption of son by widow - Family continuing to be joint and owning joint family property - Adopted child would acquire interest in joint family property - It would not have effect of divesting surving coparceners. When a coparcener dies his individual interest devolves on surviving coparceners by survivorship. Moment the widow of a coparcener adopts a son, the adopted son becomes a coparcener with the surviving coparceners of the adoptive father and consequently acquires the same interest which his adoptive father would have in the property had he been living. This was on account of the doctrine of relating back. The child adopted by the widow of the coparcener became the child of the deceased coparcener from the date of the death of the coparcener. In such a case, the undivided interest in the surviving coparceners of a joint Hindu family is not divested on the introduction of an adopted son in the joint Hindu family but only the extent of his interest therein is affected by such adoption. It can, therefore, be legitimately held that if on the date of adoption the family still continues to be joint and owns joint family property, the adoptive child would acquire an interest in the joint family property and the same would not have the effect o....