The court said the adopted son has the same status as a biological one (Representational)
A Delhi court, dismissing a partition suit, held that any individual belonging to the Muslim community can adopt a child without making a declaration under the Shariat Act.
As per the ruling, any such adoption shall be governed by the general law and not by the Muslim Personal Law. The said child would become the legitimate child of his adoptive parents, the court said.
The court was hearing a partition suit filed by the brother of one Zamir Ahmed - who has died - seeking a share in his property, leaving one-fourth share for Mr Ahmed's widow as the couple had no son.
However, Zamir Ahmed and his wife Gulzaro Begam adopted a son - Abdul Samad alias Sameer - without making any declaration under Muslim Personal Law.
Additional Sessions Judge (ADJ) Parveen Singh held that even under the prevalent law of the land, notwithstanding the Shariat, a Muslim who has not filed a declaration under section 3 of the Shariat Act can adopt a child and the said child would become the legitimate child of his adoptive parents with all rights, privileges, and responsibilities that are attached to a relationship.
"Applying this principle to the facts of the present case, I find that there is no evidence or even an assertion that deceased Zamir Ahmed had filed any declaration under section 3 of the Shariat Act," ADJ Parveen Singh said in the judgment dated February 3, 2024.
"Therefore, deceased Zamir Ahmed had elected not to be governed by Muslim Personal Law on the subject of adoption and thus, if he had adopted a child as claimed by defendant no. 1 (Gulzaro Begam), the said adoption shall be governed by general law of the land," he said.
While passing the judgment, the additional district judge also discussed a previous judgment of the Supreme Court.
The top court said that a Muslim who has not filed any declaration under section 3 of the Shariat Act, shall not be governed by Muslim Personal Law/Shariat on the subjects of adoption, wills, and legacies.
"Thus in the case of such a person, Muslim Personal Law cannot be applied to these subjects. That being the case, these judgments shall only be applicable to the case of Muslims who have filed a declaration under section 3 of the Shariat Act," the court said.
The partition suit filed by Zamir Ahmed's brother Iqbal Ahmed sought a decree per Muslim Law. Zamir Ahmed's widow and his other brothers and sisters were made defendants in the suit.
It was claimed in the suit that Zamir Ahmed died without a child on July 3, 2008. The suit said that being a Muslim, the inheritance of the property of Zamir Ahmed is to be governed by Shariat.
The plaintiff claimed that Zamir Ahmed's widow was entitled to a one-fourth share in the properties left behind by him, his three sisters were entitled to a 15 per cent share in the properties left behind, and the remaining 60 per cent devolved upon the plaintiff and Zamir Ahmed's other five brothers.
During the hearing, the court found that Zamir Ahmed is survived by his widow and a son, his inheritance is accordingly to be decided in this light.
As per the Muslim Law of Inheritance, there are three classes of legal heirs: sharers, residuary, and distant kindred.
The court noted that of the 12 Quranic sharers, only the widow of the deceased is surviving.
The claim of the plaintiff and defendant brothers and sisters was that as Zamir Ahmed had no son, his widow is entitled to a one-fourth share in his estate and, they being Mr Ahmed's brothers and sisters would have the remaining share where the brothers will get double the sisters' share.
The court rejected the claim that said that the plaintiff and the defendants could only have inherited from the estate of Zamir Ahmed had there been no son to claim the residuary share.
The court said that it has been held that Zamir Ahmed had a son he had adopted and the said son has the same status as a biological son and has all the rights, privileges, and responsibilities attached to that relationship. For inheritance, the said son has to be considered as a son.
"The son being a residuary excludes the brothers and sisters of deceased Zamir Ahmed. This being the case, I am of the considered opinion that the plaintiff and the defendant brothers and sisters are not entitled to the partition as prayed for. The issue is accordingly decided," ADJ Singh said.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)