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    Doctrine of Relating Back

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    Swarlatha Pandey

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    © All Rights Reserved
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    Doctrine of Relating Back

    Uploaded by

    Swarlatha Pandey
    165 views3 pages

    Original Title

    Doctrine of Relating Back (1)

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    165 views3 pages

    Doctrine of Relating Back

    Uploaded by

    Swarlatha Pandey

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 3

    Doctrine of Relating Back

    According to the doctrine of relation back, under old Hindu Law, if a Hindu widow adopts a son after
    the death of his husband then the adopted son will be deemed to have been adopted on the death of the
    husband. It means that the adopted son will be entitled in the interest of his deceased adoptive
    father.The theory was based upon the legal fiction that the continuity of the line of the adoptive father
    should not break.

    The principle has some variations that do not follow the law. Next, in the event that an estate had
    already been inherited in the hands of collateral and the collateral died prior to adoption, the adoptee
    cannot sell the properties of the collateral successor. The principle can only be enforced when there is
    a question concerning the succession of the deceased father's property.
    The adopted son is considered to be born on the adoptive father's death date. The ideas that arise are
    that the adoption of a widow cannot be obstructed by the joint family's anterior division, and the
    adopted son can claim a share as if he were begotten and alive when the adoptive father died. As a
    preferential heir, an adopted son could divest his mother of the property of his adoptive father and his
    adoptive mother of the property she gets as an heir of her son, died after her husband.

    The doctrine of relation back applies only when the claim is made by the adopted son relates to the
    property of his adoptive father.
    The Doctrine of relation back has been abolished by Section 12 of the Hindu Adoptions and
    Maintenance Act,1956 and hence it is no more a law at present.
    Vasant v. Dattu AIR 1987 SC 398,

    The SC clearly spelt out the operation of doctrine of relation back with regards to the
    proprietary rights of an adopted child. Proviso (c) of section 12 does not prevent the
    adopted child from claiming his or her share in the adoptive family.
    The court held that by adopting a child to a joint Hindu family may have effect of decreasing
    the shares of the members in the family. But it can't be taken as divesting any person of any
    property under clause (c) to section 12.

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