ILLATOM SON IN LAW AND HIS RIGHTS An illatom son-in-law is in a sense, a creature of custom. It is well settled by a series of decisions that a custom of illatom adoption prevails among the Reddi and Kamma castes in territories which earlier formed part of the then Madras Presidency.The incidents of an illatom adoption have now become crystallized into fixed rules of law by a long course of deci- sions. To constitute a person an illatom, a specific agreement is necessary ..... After the death of the adop-ter he is entitled to the full rights of a son even as against natural sons subse- quently born or a son subsequently adopted in the usual manner."
ILLATOM
SON IN LAW AND HIS RIGHTS
An illatom son-in-law is in a
sense, a creature of custom. It is well settled by a series of decisions that a
custom of illatom adoption prevails among the Reddi and Kamma castes in
territories which earlier formed part of the then Madras Presidency.
It is stated in Mayne's Hindu Law
and Usages, 13th Edition, Paragraph 242 in Chapter VII, as follows:
"A custom known as that of illatom adoption prevails among the
Reddi and Kamma castes in the Madras Presidency. It consists in the affiliation
of a son-in-law, in consideration of assistance in the management of the family
property. No religious significance appears to attach to the act. Neither the
execution of any document nor the performance of any cere- mony is necessary.
The incidents of an illatom adoption have now become crystallized into fixed
rules of law by a long course of deci- sions. To constitute a person an
illatom, a specific agreement is necessary ..... After the death of the adop-ter
he is entitled to the full rights of a son even as against natural sons subse-
quently born or a son subsequently adopted in the usual manner."
It has also been stated by Mayne
that an illatom son-in-law has no right to claim partition with his
father-in- law unless there is an express agreement or custom to that effect.
An illatom son-in-law is not an adopted son in any sense. In N.R.
Raghavachariar's Hindu LaW, 8th Edition, in paragraph 176, it is stated that an
illatom son-in-law loses no rights of inheritance in his natural family and the
property he takes in the adoptive family is taken by his own relations to the
exclusion of those of his adoptive father.
The position, as set out in Mulla's Hindu law, 16th Edition is no
different. Regarding the position of an illatom son- in-law it has been inter
alia observed by Mulla at para 515 (page 534) as follows:
"He does not lose his right of inheritance in his natural family.
Neither he nor his de- scendants become coparceners in the family of adoption
though on the death of the adopter he is entitled to the same rights and the
same share as against any subsequently born natural son or a son subsequently
adopted in accord- ance with the ordinary law. He cannot claim a partition with
the father-in-law and the incidence of a joint family, such for instance as
right to take by. survivorship, do not apply. In respect of the property or
share that he may get he takes it as if it were his separate and self-acquired
property."
the
custom of having an illatom son-in-law in the Kamma Castes and the Reddis in
Madras Presidency has been recognised .
the institution of illatom adoption, that is, affiliat- ing a son-in-law and giving him a share, is purely a crea- ture of custom and judicial recognition has been given to it.
the institution of illatom adoption, that is, affiliat- ing a son-in-law and giving him a share, is purely a crea- ture of custom and judicial recognition has been given to it.