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Answer
The Doctrine of Relation Back is a legal principle in
Hindu law that creates a retroactive effect for certain actions. It essentially
states that an act, typically adoption, carried out at a later date is
considered to have occurred at an earlier point in time. This creates a legal
fiction, granting the adopted individual specific rights and obligations as if
they were in place before the actual adoption.
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Traditional Approach
Under old Hindu Law, if a Hindu widow adopted
a son after the death of her husband , the adoption was deemed to have occurred
on the date of the husband's demise. This meant that the adopted son:
1. Inherited rights in the deceased husband's
property as if he were a natural son born before the death.
2. Could participate in the partition and
inheritance of the property.
The doctrine was based on the idea of maintaining the
continuity of the adoptive father's lineage, even though it contradicted the
principle that once property rights are vested, they cannot be divested.
However, the rule had two exceptions:
1. That any lawful alienation effected by a female
heir since the death at the adoptive father and before the date of adoption was
binding on the adopted son.
2. That if the property by inheritance went to a
collateral, the adoption could not divest the property which was vested in the
heir of the collateral.
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Modern Approach
With the enactment of the Hindu Adoption and
Maintenance Act, 1956, the Doctrine of Relation Back was abolished. Now, in
accordance with third proviso to section 12 of HAMA, the adopted child acquires
the status of a son/daughter solely from the date of the adoption, eliminating
the retrospective effect.
While the Doctrine of Relation Back no longer
applies in its original form, it still has some residual significance. An
adopted child, through the adoption process, establishes a legal relationship
with the deceased husband of the widow, and the deceased husband thereby
becomes the adoptive father of the child.
Confuse which book to refer for Hindu Law? Here’s the
answer.
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