Vol. 14, Part I · pages 136–140

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES118 case may be, and such confirmation does not prejudice the rights of others. (3) Where no suit is brought within the time limit specified in clause (a) of sub-section (2) or where an adoption has been confirmed under clause (b) of the said sub-section it shall be deemed to be valid and effectual for all purposes as from the date of adoption. (70) (71) CHAPTER II Effects of adoption 67. Effects of adoption. —An adopted son shall be deemed to be the son of his adoptive father for all purposes with effect from the date of the adoption and from such date all his ties in the family of his birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family. Provided that— (a) he cannot marry any person whom he could not have married if he had continued in the family of his birth; (b) any property which vested in him before the adoption shall continue to vest in him subject to the obligations, if any, attaching to me ownership of such property, including the obligation to maintain relatives in the family of his birth; (c) the adopted son shall not divest any person of any estate which vested in him or her before the adoption, except in the manner and to the extent specified in section 68. (72) 68. Divesting of estates by adoption. —*Where, after the commencement of this Code, a widow makes an adoption, the adopted son shall take— (a) one-half of the estate inherited by her and her co-widows, if any, as the heirs of the adoptive father * * * *; (b) if the adoption is made after the death of a son, son’s son, son’s, son’s son of the adoptive father, one-half of the estate the adoptive mother and her co-widows, if any, inherited from the adoptive father, and in addition, one-half of the estate inherited by the adoptive mother as the heir of her son, son’s son, or son’s son’s son,

DR. AMBEDKAR AND THE HINDU CODE BILL 119 the share in the estate in each case being determined as it stood immediately before the adoption: Provided that if the whole estate or any part thereof inherited by her or them is impartible by custom, usage or by the terms of any grant or enactment, the adopted son shall have the whole of such impartible estate as it stood immediately before the adoption in addition to what he may be entitled to under clause (a) or clause (b). * * * * * * CHAPTER II Effects of adoption 67. Effects of adoption. —An adopted son shall be deemed to be the son of his adoptive father for all purposes with effect from the date of the adoption and from such date all his ties in the family of his birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family. Provided that— (a) he cannot marry any person whom he could not have married if he had continued in the family of his birth; (b) any property which vested in him before the adoption shall continue to vest in him subject to the obligations, if any, attaching to the ownership of such property, including the obligation to maintain relatives in the family of his birth; (c) the adopted son shall not divest any person of any estate which vested in him or her before the adoption, except in the manner and to the extent specified in section 68. (71) 68. Divesting of estates by adoption. —(1) Where, after the commencement of this Code, a widow makes an adoption, the adopted son shall take— (a) one-half of the estate inherited by her and her co-widows, if any, as the heirs of the adoptive father as it stood immediately before the adoption; (b) if the adoption is made after the death of a son, son’s son, son’s son’s son of the adoptive father, one-half of the estate the adoptive mother and her co-widows, if any, inherited from the adoptive father, and in addition, one-half of the estate inherited by the adoptive mother as the heir of her son, son’s son, or son’s son’s son, the share in the estate being determined as it stood immediately before the adoption: Part VI, sec. 18, page 27. Part VI, sec. 19, page 27.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES120 Provided that if the whole estate or any part thereof inherited by her or them is impartible by custom, usage or by the terms of any grant or enactment, the adopted son shall have the whole of such impartible estate as it stood immediately before the adoption in addition to what he may be entitled to under clause (a) or clause (b). (2) The provisions of sub-section (1) shall apply in respect of agricultural land, wherever situate in the Provinces of India. (72) (73) 69. Right of adoptive to dispose of their properties. —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. (74) 70. Determination of the adoptive mother in case of adoption by widower. —(1) Where a Hindu who has a wife living adopts a son, she shall be deemed to be the adoptive mother. (2) Where a Hindu has more than one wife living— (i) that wife in association with whom or with whose consent he makes the adoption, or (ii) if more than one wife has been so associated or has so consented, the seniormost in marriage among the wives so associated or consenting; shall be deemed to be the adoptive mother, and the other wives the stepmothers, of the adopted son. (3) Where a widower adopts at any time after his wife’s death, the wife who died last immediately preceding the adoption, shall be deemed to be the adoptive mother, and any other predeceased wife or any wife

DR. AMBEDKAR AND THE HINDU CODE BILL 121 subsequently married by him shall be deemed to be the step-mother, of the adoptive son, unless the adoptive father has directed or given a clear indication that some other of such wives shall be deemed to be the adoptive mother; in which case, any predeceased wife who is not the adoptive mother and any wife subsequently married by the adoptive father shall be deemed to be the stepmothers of the adopted son. (4) Where a bachelor adopts, any wife subsequently married by him shall be deemed to be the step-mother of the adopted son. 69. Right of adoptive parents to dispose of their properties.—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. (73) 70. Determination of the adoptive mother in case of adoption by widower. —(1) Where a Hindu who has a wife living adopts a son, she shall be deemed to be the adoptive mother. (2) Where a Hindu has more than one wife living— (i) that wife in association with whom or with whose consent he makes the adoption, or (ii) if more than one wife has been so associated or has so consented, the seniormost in marriage among the wives so associated or consenting; shall be deemed to be the adoptive mother, and the other wives the step-mothers of the adopted son. (3) Where a widower adopts at any time after his wife’s death, the wife who died last immediately preceding the adoption, shall be deemed to be the adoptive mother, and any other predeceased wife or any wife subsequently married by him shall be deemed to be the step-mother, of the adopted son, unless the adoptive father has directed Part VI, sec. 21(2), page 27. Part VI, sec. 22, page 27, 28. Part VI, sec 22(3), page 28.

DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES122 or given a clear indication that some other of such wives shall be deemed to be the adoptive mother; in which case, any predeceased wife who is not the adoptive mother and any wife subsequently married by the adoptive father shall be deemed to be the step-mothers of the adopted son. (4) Where a bachelor adopts, any wife subsequently married by him shall be deemed to be the step-mother of the adopted son. (74) (75) 71. Determination of the adoptive mother in case of adoption by widow. —(1) Where one of several widows of a deceased Hindu makes an adoption, she shall be deemed to be the adoptive mother, and the other widows the step-mothers, of the adopted son. (2) Where two or more widows jointly make an adoption, the seniormost in marriage among the widows shall be deemed to be the adoptive mother, and the other widow or widows the step-mother or step-mothers, of the adopted son. (76) 72. Valid adoption not to be cancelled. —No adoption which has been validly made can be cancelled by the adoptive father or mother or any other person, nor can the adopted son renounce his status as such adopted son and return to the family of his birth.