Child adopted by woman after husband's death cannot claim any share in properties of late father: Bombay High Court

In a significant ruling, the Aurangabad Bench of Bombay High Court has held that if a woman adopts a child after the death of her husband, then the adopted child cannot claim any share in the properties owned by the dead father as he cannot be considered the child of the late father [Rajesh Pawar vs Parwatibai Bende]..Single-judge Justice Shrikant Kulkarni accordingly made changes to the shares of an adopted son and a biological daughter of a couple in the present case."After coming into force of Hindu Adoptions and Maintenance Act, 1956, the child adopted by the widow of the co-parcener, does not get the status of the child of deceased co-parcener from the date of death of co-parcener. As such, adopted son/original defendant No.1 cannot claim share in the suit property, by stepping into the shoes of his late father who died much before his adoption," the Court said..The bench was seized of a second appeal filed by one Rajesh Pawar and his family members challenging the decision of a lower court which held that the sale deeds signed between Pawar and Shivaji Tong weren't legal as he (Shivaji) was an adopted child.Notably, Shivaji had in 1995 sold part of a land parcel owned by his late father. He was adopted by his mother Kaushalyabai in 1973 much after the death of her husband Sopanrao in 1965.Kaushalyabai and Sopanrao had only a daughter - Parwatibai.In 1995, Shivaji being the adopted son, sold part of the properties to Pawar family and even signed certain agreements to that effect. However, his mother and sister objected to the same on the ground that the property was of Sopanrao and that Shivaji doesn't have any share in the same.However, Shivaji contended that since he is an adopted son, he will have equal rights in the properties of his father just like his adoptive mother..Justice Kulkarni, however, rejected the contention."It is an admitted position that the husband of Kausalyabai died in the year 1965 which is much before the adoption of son Shivaji. She has adopted Shivaji vide adoption deed dated March 24, 1993. Therefore, it is clear that adopted son Shivaji was not in picture when her husband died in the year 1965, intestate. The succession opens for the first time in the year 1965. According to Section 8 of the Hindu Succession Act, 1956, Kausalyabai being widow and Parwatibai being daughter would get one half share each in the suit property left behind by Sopanrao," Justice Kulkarni held. The Court noted that Kausalyabai's husband had died in 1965. "The succession opens soon after death of Sopanrao in the year 1965. Thus his widow and daughter got one half share each in the property he left behind. Shivaji has been taken in adoption in 1993 by Kausalyabai, who died during pendency of the suit in the year 2013. After her death, her ½ share would devolve upon her daughter Parwatibai and adopted son Shivaji," the judge added.Accordingly, the Court held that Parwatibai would get 3/4th (1/2 from father's properties and 1/2 from mother's 1/4 share) share in the properties while Shivaji can claim right in 1/4th share. The judge further held the sale deeds between Pawar family and Shivaji as null and void to the extent of the 3/4th share of Parwatibai. .[Read Judgment]