New Delhi: The Tis Hazari court on Tuesday said that personal law will not be valid for the rights of an adopted child in the Muslim community. Person from the Muslim community can adopt a child under the 'Shariat Act' even without any declaration and that child will have full rights on the property, the court added.
Additional District Judge Praveen Singh dismissed the suit filed by one Iqbal Ahmed, the brother of the deceased Zamir Ahmed, who was seeking share in his property in accordance with the Muslim Personal Law. The court said that the process of adoption will be valid through common law and not through Muslim personal law or Shariat law. The adopted child will become the legitimate child of the parents.
Iqbal Ahmed had filed a partition case in the court after the death of his brother Zameer Ahmed. The child adopted by Zameer Ahmed is not according to Shariat and an his adopted child is not granted the right to inherit the property of parents, said Iqbal Ahmed (deceased Brother).
In his petition, Iqbal had argued for not giving a share of the property to Zameer Ahmed's adopted child as per Muslim personal law, because Zameer had not made any declaration as per Muslim personal law while adopting the child.
The court said that according to the valid law, despite Shariat, a Muslim who has not declared under Section 3 of Shariat law can adopt a child. In such a situation, the adopted child of Zameer Ahmed is the legal heir of the property. The court made it clear that the widow and the child will get the same rights as a son and a wife have in the husband's property in country.
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