Ancient Hindu Law Prior To Enactment Of Adoption & Maintenance Act Does Not Recognize Adoption Of Girls: Gujarat High Court

The Gujarat High Court has held that ancient Hindu law, prior to the enactment of Hindu Adoption and Maintenance Act 1956, only recognized adoption of son and thus a daughter could not lay claim over her adoptive father's property. [2026 LiveLaw (Guj) 197]

In doing so the court dismissed a woman's appeal who had challenged a trial court order rejecting her claim over the immovable properties of her adoptive father–her mother's second husband, prior to enactment of 1956 Act. 

The Plaintiff claimed to be the adopted daughter of the deceased, Bhovanbhai Narsibhai, and claimed ownership over his immovable properties. She filed a suit seeking mandatory injunction to the Defendants to hand over vacant and peaceful possession of the properties, alongside a permanent injunction restraining them from creating any third party rights or alienating the same. Her suit was dismissed against which she moved the high court.

The Plaintiff pleaded that her mother, Maniben, was initially married to one Chaganbhai Naranbhai Vakariya and that the plaintiff was the couple's daughter. However after her biological father's demise, plaintiff's mother married one Bhovanbhai Narsibhai Ranpariya in 1949.

Bhovanbhai, already married and had a son, married the plaintiff's mother after his son passed away. The Plaintiff said that her mother's second marriage was solemnized subject to a pre-condition that the Plaintiff would be adopted by Bhovanbhai. Upon completion of the requisite adoption formalities, plaintiff and her mother started living with Bhovanbhai, who maintained both of them throughout his lifetime. She was also married off by her adoptive father.

The plaintiff said that she was the lawful heir of her adoptive father, which was disputed by her adoptive father's brother and his sons. She claimed that the defendants had created a bogus will and dispossessed her of her adoptive father's properties. The high court was thus considering whether adoption of daughter was permissible, prior to enactment of Hindu Adoption and Maintenance Act 1956?

Justice JC Doshi while referring to various treaties and sources of Hindu law prior to enactment of 1956 Act said that, though plaintiff was brought up as Bhovanbhai's only child, however ancient law does not recognize adoption of female.

"In other words, ancient Hindu Law does not recognize girl to be adopted child," the court said. 

The plaintiff argued that she accompanied her mother to her matrimonial home as an Angaliyat child, subject to the condition that she would be formally adopted by Bhovanbhai.

"However, as evaluated and discussed hereinabove, the customs, texts, and sources of Hindu Law prevailing prior to the enforcement of the Hindu Adoptions and Maintenance Act, 1956, demonstrate that the adoption of a female child was not legally recognized under ancient Hindu law. It is the specific case of the plaintiff that she was brought into the household as an Angaliyat by her mother in the year 1949. According to the Bhagavadgomandal Gujarati dictionary, the term Angaliyat signifies a son or daughter born out of a mother's previous wedlock who accompanies her to a subsequent union, carrying child by the finger or hand. This customary practice is predominantly prevalent among certain communities in Gujarat, such as the Patidars, Kanbis, and Dalit communities, among others. It describes a situation where a woman brings a child from an earlier union into her new household upon remarriage or when entering a new domestic arrangement. Normally Angaliyat child is absorbed into the stepfather's household and is typically accepted and treated socially as his own child keeping in kinship relation," the court said. 

It however said that while it was undisputed that plaintiff was absorbed in Bhovanbhai's family and household, but in absence of any custom or any source of ancient Hindu Law conceding adoption of a female child, she cannot be treated more than a foster child or Angaliyat daughter brought up as duty of stepfather.

It however said that the position of law has been drastically changed after 1956 and the Hindu Adoption and Maintenance Act permits adoption of girls. 

The court thus dismissed the appeal.

Case title: HIRUBEN PPARBATBHAI SATASIYA v/s BHAGWANJIBHAI POPATBHAI RANPARIA & ORS.

R/FIRST APPEAL NO. 4560 of 2006

Click Here To Read/Download Order

Citation: 2026 LiveLaw (Guj) 197