The rights of an adopted son arise for the first time on his adoption and the moment a son is adopted he becomes vested with the full right of a natural born son. If the adoptive father is alive, the adoptive son becomes a member of the coparcenary from the moment of his adoption and the adoptive father has no power either by deed or will to interfere with the rights of survivorship of the adopted son in the coparcenary property.
If the father is dead, and his estate has vested i his widow, the latter would be divested on the adoption, subject only to her right of maintenance. It is not surprising, therefore, that, in a large number of cases, the adoptive father or the mother try to secure to them some rights which they would be deprived of, by the adopted child by entering into agreements with the natural father of the natural mother before adoption.
Where the adopted son was a major at the time of the adoption, he may, be an agreement with the adoptive father or the adopting widow made before adoption, consent to a limitation of his rights in the property of his adoptive father. Such an agreement will be binding upon he major adoptee, e.g., if the major adoptee enters into an agreement with the adoptive father or adopting mother that he or she will be the owner of the property during his or her life-time and the adoptee will inherit the property only after his or her death, then such an agreement is binding upon the major adoptee.
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ADVERTISEMENTS:
Where the adopted son is a major the question arises whether it is competent to his natural father to enter into an agreement with the adoptive father or adopting widow limiting his son’s rights in the property of the adoptive father. At first the decisions of the courts were not uniform and consistent.
The question came up finally before the Judicial Committee in Krishna Murthi v. Krishna Murthi, (1927) 45 I.A. 241 where it was held that an agreement made on the adoption of a major whereby the widow of the adoptive father is to enjoy his property during her life-time, or for a less period, that arrangement being consented to by the natural father before the adoption, is to be regarded as valid by custom.
As soon as the agreement goes beyond that, i.e., either give the widow property absolutely or give the property to strangers, it ceases to be binding on the minor adoptee. The High Court of Madras, has further held that if the agreement between the adopting mother or father and the natural father be fair, reasonable and beneficial to the adoptee, it is binding on the minor adoptee, e.g., an agreement between the adopting mother and the natural father whereby a portion of her husband’s estate is settled upon her for her absolute use and enjoyment with powers of alienation is valid, and binding on the adopted son, if it is fair, reasonable and beneficial to the adoptee. (Gopal Das v. Thakurji, (1943)41 A.L.J.P.C.).
ADVERTISEMENTS:
The agreement that the widow will take the whole property of her husband as an absolute owner is not binding upon the minor but the agreement is not void, and it may be ratified by the adopted son on attaining majority, in which case he will be held bound by it.