CLAT Sample Paper CLAT Sample Paper-3

  • question_answer
    Principle An adopted child shall be deemed to be the child of the adoptive parents with effect from the date of a adoption and from this date the child's relations with the natural parents shall be replaced by its relations with the adopted parents.
    Facts X was born in a prosperous Hindu joint family. Under Hindu Law X is entitled to a share in the property inherited by this (i.e. X's) father from his (i.e. X's) grandfather. X was given in adoption to another person namely M. After this adoption there was partition in the erstwhile family of X. X claimed a share in the course of partition.

    A)  X will succeed, because by virtue to being born into the family, X should get a share in the family property

    B)  X will not succeed, because he is entitled to the property of the adoptive parents only

    C)  Both are false

    D)  None of the above

    Correct Answer: B

    Solution :

    According to Hindu Law and the principle given here, the child's relations with the natural parents, shall be replaced by its relations with the adopted parents, so in this case X will not succeed, because the partition in the erstwhile family of X took place after his adoption to M. So, he (X) is entitled to the property of the adoptive parents only.


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