Q: Difference between the right of adopted child under Hindu and Muslim law ?

Ans: Hindu law is ruled by Hindu Succession Act, 1956 while Muslim law is governed by the Muslim Shariat Law Act 1937.

In Hindus there will be divisions based on the schools. These practices are observed only in the previous years. The two major schools are dayabagha and mitakshara. They followed their respective principles and laws of their own. The principles which are accepted by one group is rejected by the other. The amendment has been introduced in the parliament and it came into effect from the year 1956 and they all together are governed by the Hindu succession act 1956.

In Muslims there are many branches which includes Hanafi or Shia, Sunni, Malik’s, shafi, Hannibalic. Out of those schools Sunni and Shia are considered to be the most significant schools. 

The 90% of Muslims follow Sunni School. They are governed by the Muslim shariat act 1937. 

➢ The next difference is based on the codification of laws.

Codification: The things are arranged in a particular or stated manner according to law is known as codification.

The Hindu law is considered to be codified. It has codified rules and procedures that are need to be followed by all the people.

The Muslim law is considered to be uncodified. It does not involve any codified procedure or rules.

➢ Another difference is regarding the adoption.

In Hindu law, adoption is not valid before the suggestions and amendments come into existence. 

Before the amendment process, the adoption is considered to be invalid. That is the adopted son has no right over the property after the deceased person. It makes him incapable to enter into succession of that property. After some time, they started to accept the adopted heir to be a valid heir. They gave equal treatment to the originally born child and adopted child. After the proper amendment came into effect the adopted son is treated in the same manner of the born son to that family. He has the right over the property and he is considered to be an eligible person for inheritance. It is nothing but if the deceased left the property without the legal heir, the adopted heir will replace his place and entitled to succession and the property will be further devolved accordingly. 

Illustration:

‘A’ the deceased left the adopted son and a widow. Whether he can claim the right over the property.

Prior to the amendment the adopted son has no right over the property.

After the amendment the adopted son is treated equally to the biological son and he has entire right and can claim the property.

In Muslims adoption is not considered as a valid one. None of the school has mentioned that the adopted son can inherit over the property. Some schools considered adoption as valid but does not give them to claim over the property.

In simple words, adopted son can inherit the property under Hindus and considered to be valid. 

In Muslim law the adopted person has no right for the inheritance over the property. 

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