Doctrine of Relation Back

Doctrine of Relation Back

It is the doctrine against the principle of ‘inheritance once vested cannot be divested’

In the old Hindu law, if a Mitakshara Hindu adopted a son during his lifetime, such adoption is valid from the date of his adoption.

Suppose such adoption was taken by the widow of the Mitakshara husband, it takes effect from the date of death of her husband, which relates back to the earlier date.

This principle was on the logical basis that they cannot prejudice by partitioning the rights of the after-born male member whether the birth is natural or legal.

The new arrival (either by after-born or by legal adoption) can obtain a reopening of the partition and thereby get his share.

The Supreme Court has laid down that the fiction that an ‘adoption’ relates back to the date of death of the adoptive father applies only when the claim of the adoptive son relates to estate of the adoptive father.

But where the succession to the property of a person other than the adoptive father is involved, the principle applicable is not the rule of relation back but the rule, that inheritance once vested cannot be divested.

NOW:

After passing of the Hindu Adoption and Maintenance Act 1956 this doctrine of ‘Relation Back’ was abolished.

The Sec.12 of the Hindu Adoption and Maintenance Act 1956:

Sec.12: Effect of adoption:

An adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of the adoption and from such date all the ties of the child in the family of his or her birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family.