Adoption under Special Marriage Act and and succession to property
Answers (2)
Adoption. If the adoption is a legal adoption then in that case your daughter will be entitled to your property and also become eligible to the ancestral property of yourself. Secondly your daughter will get all benefits
Advocate Palav Agarwal
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Mayur Vihar Phase 1,
Delhi
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I believe you married under Special Marriage Act, 1954, the difficulty arises with respect to your wife who is Christian, as there is no adoption law under Christian Personal Laws, she can only be a Guardian under Guardianship and wards Act of India. While you can adopt under Hindu Adoption and Maintenance Act as an adoptive father but your wife can't be an adoptive mother. The adopted child will have all rights as a your child but the child won't have the right of succession from mother's side. You have not mentioned regarding the child whether he/she is from orphanage ? or child of any of your relatives or your wives' relative? If the child is from orphanage, then you have to follow the guidelines of CARA.
Advocate Kumud Shekhar
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Supreme Court of India, Delhi
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