AIR 1915 PRIVY COUNCIL 41

Privy Council

(FROM BOMBAY.)

Hon'ble Judge(s): Viscount Haldane, Lord Parmoor, Lord Wrenbury, Sir John Edge, Ameer Ali , JJJ

**(A) Hindu Law-Succession-Adopted son takes less only in competition with subsequently born natural son of adopter. The doctrine according to which an adopted son on partition takes only a reduced share in the family property applies only in cases in which the competition is between an adopted son and a natural born son of the same father. 4 Cal. 425 not Appr. 9 W. R. 423 Ref.(Para 42) *(B) Hindu Law-Adoption -Adopted son becomes son of adopter for all purposes except marriage and competition between him and subsequent natural born son. According to Hindu law an adopted son becomes for all purposes the son of the father by adoption. An adopted son succeeds not only lineally, but collaterally, to the inheritance of his relations by adoption, and also an adopted son occupies the same position in the family of the adopter as a natural born son, except in a few instances which are accurately defined both in the Dattaka Chandrika and the Dattaka Mimansa. Those excepted instances relate to marriage and to competition between an adopted son and a subsequently born legitimate son to the same father. 3 Knapp 55 Foll. 8 Cal, 302 (P.C.) and 10 Cal. 232 (P.C.) Ref.(Para 44) .....