Prayagraj: The Allahabad high court has observed that a child adopted by a widow after her husband’s death is also deemed to have been adopted by the deceased and is entitled to inherit his share in the property.Giving this ruling, Justice Chandra Kumar Rai dismissed a petition filed in 1983 by Ram Kripal of Prayagraj, challenging the consolidation officer’s order that his relative Ramji, who was the adopted son of Moti Rani and Murlidhar, would inherit his father’s share in the ancestral property.Murlidhar died issueless, and his share devolved upon his widow. Ramji claimed that Moti Rani had adopted him through an adoption deed dated Aug 2, 1960, and that he had thereby inherited Murlidhar’s share.The court relied on the Supreme Court’s decision in Sawan Ram vs Mstress Kalawanti and observed, “Considering the ratio of law laid down by apex court and this court, there is no illegality in the exercise of jurisdiction by the consolidation authorities in holding that Ramji will inherit as adopted son of Moti Rani and Murlidhar.”The HC, in its judgment dated July 30, also relied on another judgment in the Subhash Misir case, in which it was held that the adopted son of a widow would be deemed to be the son of her husband and, on her death, would inherit the property as the heir of the deceased husband.
