ISSUE:
Whether an adopted son could claim a share in joint family property that had already devolved on a sole surviving co- parcener before a adoption?
RULE:
Section 12(c) of the Hindu Adoptions and Maintenance Act, 1956- This provision does not apply to joint family property, as it continues to retain its nature even when held by a sole surviving coparcener.
Mitakshara Hindu Law on Joint Family Property- The joint family property does not lose its character even if it passes into the hands of a sole surviving coparcener. If a son is born or adopted, he automatically becomes a co- parcener and gets a share in the property.
Adoption creates a fresh coparcenary right for the adopted son, giving him a claim over joint family property. However, alienations (sale, mortgage, gift) made before adoption remain valid and cannot be challenged by the adopted son. Adoption does not divest an estate vested before adoption, but it does create a new coparcenary right, allowing the adopted son to claim his share in joint family property.