Adopted son of a Muslim man entitled to inherit property

The Patiala House Courts in Delhi (Patiala House Court), while dismissing a partition suit filed by the brother seeking share in his deceased brother’s property on the ground that his deceased brother had no biological son, has held that, notwithstanding the Shariat Law, a Muslim man who has not filed a declaration under Section 3 of the Muslim Personal Law (Shariat) Application Act, 1937 (Shariat) is entitled to adopt the child, who would have the same rights as that of a legitimate child of adoptive parents. The Patiala House Court further noted that, the consequence of not making a declaration u/S.3 of Shariat Act is that the said adoption will be governed by general law of the land & not by Shariat Law.