This article has been written by Mr. Raj kartikeyan Chaudhary , a 4th year student of Lloyd law college , Greater Noida.

As the head of a joint Hindu family, you carry significant responsibility for the well-being of your entire extended clan. One of the most consequential decisions you may face involves bringing new members into the fold through adoption or guardianship. The laws and customs surrounding these practises have deep roots in ancient Hindu scriptures and traditions, yet they continue to govern such arrangements today. Understanding the legal requirements and cultural expectation regarding adoption and guardianship within joint families is critical to fulfilling your duties while upholding time  honoured values. This article aims to provide an overview of the key principles and procedures you must keep in mind when considering and finalising the adoption or guardianship of a child into your joint Hindu family.

 

What is a Hindu joint family?

A Hindu joint family consist of lineal descendants and their spouses living together in the same household, under one roof, owning property in common and participating in common family worship. this family is headed by the eldest male member, called the ‘Karta’ ,who manages the family property.

The Hindu joint family emerges from the traditional Agricultural Society with the purpose of ensuring economic security and continuity of family lineages. All working members pull their earnings and share them collectively. This families welfare is prioritised over individual interests.

• The Karta has the authority to manage the family property including alienating or acquiring immovable property to benefit the family. However, he cannot alienate joint family property for personal benefit.
• The Karta’s power are limited by the right of the coparceners to restrain alienations That are unjustified or not in the families interest. Eneco personal can dim and partition of the joint family which can lead to division of property.
• The distinctive feature of a Hindu joint family is the right to maintenance and support of all members including minor sons, unmarried daughters, widowed daughters- in -law, infirm members ,etc.

Every corporation air has a right to be maintained out of the joint family property.

• Adoptions and guardianship are allowed to continue the lineages. The , In consultation with adult coparceners, arranges the adoption of a son to perpetuate the  line of descent. The adopted child acquires rights as a natural born child, including succession and inheritance.

In essence, the Hindu joint family acts as a Social Security system, providing economic protection and social welfare to all its members according to the traditional Hindu values of duty, affection and mutual care. However, its relevance has declined due to urbanisation, industrialization and individualism.

 

Adoption laws under Hindu law

Under Hindu law, adoption is legally recognised and governed by the Hindu adoptions and maintenance act(HAMA) Off 1956. The HAMA Applies to Hindus, Buddhists, jains or Sikhs by religion.

To adopt A child under HAMA, The adoptee should be a Hindu, unmarried and a minor. The adoptive  Parents must be Hindus, married for at least five years and at least 21 years old. They must not have a child, natural or adopted, of the same sex as the child being adopted. The biological parents must consent to the adoption, unless proven unfit.

Consent of the child

A child of seven years and above must also provide consent to be adopted. The adoption deed must be registered to be legally valid. Once registered, an adopted child has the same rights as a natural child in the family and property.

Adoption in a joint family

In a Hindu joint family, the Karta Or head of the family can adopt a son with the consent of other coparceners to continue the family lineage. An adopted son becomes a coparcener and acquires rights in the joint family property.

Adoption provides families the opportunity to raise children as their own when natural conception is not possible. Under HAMA , adopted children are assured of rights and a secure future, While adoptive parents can experience the choice of parenting. By following the proper legal procedure, adoption in Hindu joint families can be a win- win for all parties involved.

 

Guardianship of minors in a joint Hindu family

As a minor, a child in a Hindu joint family is typically under the guardianship of the family elders. The Karta, Or head of the household and other senior members serve as defecto guardians and make important decisions regarding the child’s upbringing, education and welfare.

Legal guardianship

Legally, the child’s biological parents are considered their natural guardians. However, in a joint family system, the   Karta And elders often assume responsibility for the child. They act in loco parentis, taking on parental duties and authority. If needed the natural guardians can appoint another relative as the child’s legal guardian through a will or deed. The legal guardian overseas the minors legal and financial matters until they reach adulthood.

Guardianship provides stability and security for minors in a joint family. However, it also means key life decisions are out of the child’s- and often even the parents control. There are laws in place to prevent abuse and ensure the child’s best interests are prioritised. Parents can petition to remove a legal guardian if needed. Minors over 16 may require the court to appoint a guardian of their choosing .

Upon turning 18, an individual exits the guardianship of their family elders and gains legal autonomy and independence. However, many young adults remained under the guidance and influence of family for some time. Leaving home and establishing financial independence often occurs slowly in a joint family system.

Guardianship of minors allows the joint family to function as a cohesive unit where all members are cared for. However, it requires family elders to make difficult decisions on behalf of children and navigate family dynamics. When exercised responsibly and for the right reasons, the system can provide security. But if also has the potential for overreach and conflict without proper safeguards and balance of power. Overall, guardianship enjoyed families aims to protect and provide for the family’s youngest ‘s members during their dependent years.

 

Rights of an adopted child in a joint Hindu family

An adopted child in a Hindu joint family Had certain rights and privileges. As for the Hindu adoptions and maintenance act of 1956, an adopted child is entitled to the same rights as a natural born child in the family.

Equal status and rights over property

An adopted son or daughter has the same status and rights as a natural child. They are entitled to an equal share of the ancestral property and has the same rights of inheritance as biological children. The adopted child can claim his or her share of the property at the time of partition how to join family.

Right to maintenance

The adopted child has a legal right to be maintained by the adoptive family. the adoptive parents are obligated to provide for the basic necessities of the adopted child such as food, clothing, shelter and education. That responsibility continues even after the adopted child attains majority.

 

Assumption of Gotra and family name

Upon adoption, the adopted child loses all rights in the biological family and assumes the gotra and family name of the adoptive family. The adopted child is treated as a natural member of the adoptive family in all respects.

Ceremonial rights

An adopted child has the right to participate in all family ceremonies, rituals and festivals just like a natural child. Adoptive parents must perform ceremonies like  namkaran ( naming ceremony), annaprashan ( first rice feeding), upanayam (sacred thread ceremony) and marriage according to the customs of the family.

To summarise, an adopted child under Hindu law has absolute rights of inheritance, maintenance and participation in family customs on par with a biological child. Adoption establishes a legal, ethical and spiritual relationship between the adopted child and the adoptive parents.

 

Frequently asked questions on adoption in Hindu joint families

As a member of a joint Hindu family, you may have questions regarding adoption and guardianship. Here are some frequently asked questions and answers:

Can a male member adopt a child?

Yes, any male member who is of sound mind and not a minor may adopt her child, provided the adoption will benefit the adopted child. The adoptive father must be at least 21 years old and at least 15 years older than the child.

Can a married woman adopt a child?

A married woman may adopt A child with the consent of her husband, provided the adoption will benefit the adopted child. The adoptive parents must be at least 21 years old and at least 15 years older than the child.

Can an unmarried person or widow adopt a child?

Yes, an unmarried person or widow may adopt A child. The adoptive parent must be at least 21 years old and at least 15 years older then the child. The adoption should benefit the adopted child.

Can a childless couple adopt?

Yes, childless couples are permitted to adopt children. The adoptive parents must fulfil the eligibility criteria for adoption in terms of age difference with the child and marital status. The adoption should benefit the adopted child.

Can a family with biological children adopt other children?

Yes, our family with biological children may adopt other children as long as they are Eligible to adopt and the adoption benefits the adopted child. The adopted child will be treated as a biological child an entitled to ancestral property

 

Conclusion

As you have learned, adoption and guardianship in Hindu joint families is governed by a distinct set of laws and customs that aim to protect the interests of all family members. The adoption of her son, in particular, has significant implications under hindu law in terms of inheritance and continuity of familial religious rights. At their core, these laws recognise the central importance of family in Hindu culture and the duty to care for both blood relatives and adopted children. Understanding the legal rights and responsibilities around adoption and guardianship empowers Hindu families to make thoughtful decisions in  accordance with religious tradition and societal values. Educating ourselves on the laws of our feet helps ensure we honour both our spiritual and legal obligations to family.

 

References:

• This article is written by Ms. Shruti Singh on the website Ipleaders.com https://blog.ipleaders.in/adoption-in-india-family-law/

• This article is written by Mr. Mohd Aqib A slam on the website Legalserviceindia.com https://www.legalserviceindia.com/legal/article-2755-law-of-adoption-and-guardianship.html#:~:text=be%20a%20lunatic.-,Under%20Sec.,all%20the%20wives%20is%20necessary

• Bare act “ The Hindu minority and guardianship act , 1956”

• Bare act “ The Hindu adoption and maintenance act, 1956”