Adoption under Special

Marriage Act and succession to

property
I am a Hindu male who has married a Christian female in January, 2007. Can I
adopt a Hindu child? If so, will the adopted child be entitled to a share of my
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

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.