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Section 13: Right of adoptive parents to dispose of their properties

Hindu Adoptions & Maintenance • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1956
Section 12 All 30 Sections of Hindu Adoptions & Maintenance Section 14

Legal Commentary & Landmark Judgments: Section 13

Section 13 preserves the absolute right of adoptive parents to dispose of their self-acquired or separate properties by transfer inter vivos or by will, notwithstanding the adoption of a child.

  • Adoptive Parent's Dispositive Freedom: Subject to any agreement to the contrary, an adoption does not deprive the adoptive father or mother of the power to dispose of his or her property by transfer inter vivos or by will.
  • Protection of Separate Property: Adoption does not create an automatic freeze or encumbrance on the adoptive parent's self-acquired or absolute property.
  • Contractual Exception: Adoptive parents can voluntarily curtail their power of disposition by executing a binding antenuptial or adoption agreement.
Key Landmark Precedents:
  • Devgonda Patil v. Shamgonda Patil AIR 1992 Bom 189: The Bombay High Court held that an adopted child does not acquire a vested right in the separate or self-acquired property of the adoptive parents during their lifetime; adoptive parents retain full testamentary freedom under Section 13.
  • Purna Chandra v 5 others (2004) SCC OnLine Ori 241: Affirmed that unless an express contract to the contrary is established, an adoptive father is entitled to gift, sell, or bequeath his self-acquired properties to any person, excluding the adopted son.
Courtroom Practice & Strategic Litigation Guidance:

When drafting an adoption deed on behalf of an adopting couple, verify whether they wish to preserve full freedom to bequeath or sell their self-acquired assets. Section 13 guarantees this freedom unless an express restriction is inserted in the deed.

Section 12 All 30 Sections of Hindu Adoptions & Maintenance Section 14