Section 12 of the Hindu Adoption and Maintenance Act, 1956 states that an adoptive child shall be considered to be the child of his/her adoptive father or mother for all purposes with effect from the date of the adoption, and from such date, all the ties of the adoptive child with his birth family shall be deemed severed and replaced by those created by the adoptive family.

The effect of this Section is that the adoptive father and the adoptive mother would be regarded as the natural guardians of the adopted child. A son adopted in accordance with the applicable law has the same rights as a natural son in matters of succession to the property of the adoptive family.

In Kalindi Damodar Garde (D) by LRS vs Manohar Laxman Kulkarni (D) and ors. the Supreme Court decided on the question as to whether the children of the adoptee, born before his adoption, are also entitled to inherit the property in the adoptive family. In that case one Laxman having three sons went in adoption. A daughter named Kalindi was thereafter born. In a suit for partition by one of the sons, the rights of the sons were challenged by the daughter. The High court dismissed the challenge holding that all the children of the adoptee are entitled to inherit the property of the natural father. The decision was confirmed by the Supreme Court.