Proviso (b) to section 12 of the Hindu Adoptions and Maintenance Act, 1956, protects the vested right of an adopted child in the property which vested in him before the adoption.

( 1 ) SEETARAM Reddy, J.-In this reference the point that falls for our consideration is: when a member of a coparcenary governed by mitakshara School is given in adoption, whether his undivided interest in the coparcenary property would continue to vest in him even after adoption by reason of the proviso (b) to section 12 of the Hindu Adoptions and maintenance Act, 1956 (hereinafter referred to as the Act ). The answer chiefly turns upon the construction of the language employed, in particular, in proviso (b) to section 12 of the Act. Before reaching the conclusion by the processual interpretation of the said provisions, the relevant facts may briefly be noticed.

( 2 ) THE petitioner in C. R. P. No. 103 of 1979 is one Nayudamma (male ). Lakshmamma, the petitioner in C. R. P. No. 104 of 1979 is his widowed mother and the petitioner in C. R. P. No. 105 of 1979 is his son. Nayudamma has another son by name Sree rama Prasad, who was given in adoption on 20th August, 1970 to one R. Rattama, who filed the declaration in C. C. No. 2216 of 1975. The petitioners in the present civil revision petitions and the aforesaid Rattamma claim that the adopted son is entitled to a share in the lands belonging to the natural family and therefore his share in the lands should be included in his holding and excluded from the holdings of his natural father and brother within the meaning of the proviso (b) to section 12. In other words, the right of the said Sree Rama Prasad in the properties of the natural family was a vested right and the right, even after adoption, continued to vest in him and it is that vested right which is sought to be challenged by the contentions and rival contentions. This reference arises because of conflict of opinions given by the authors who edited Mulla s Hindu Law, 14th edition on the one hand and Hindu Law of adoption, Maintenance, Minority and Guardianship, commented by Sri S. V. Cupte. Proviso (b) to section 12 of the Act, is as follows: "12. An adopted child shall be deemed to be the child of his or 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 child in the family of his or her birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family: provided that:- (a) * * * * (b) any property which vested in the adopted child before the adoption shall continue to vest in such person subject to the obligations, if any, attaching to the ownership of such property, including the obligation to maintain relatives in the family of his or her birth

( 3 ) FROM the provisions of the aforesaid statute it is quite manifest that the Legislature has enacted a special provisions i. e. , proviso (b) to section 12 of the Act which is explicit and enequivocal in its lauguage and intention. The property as per the said proviso (b) to section 12 of the Act which is explicit and unequivocal in its language and intention. The property as per the said proviso (b) which vested in the adopted child before the, adoption shall continue to vest in such person. It is further added that property will be subject to the obligations, if any, attached to the ownership of such property. Therefore it is the undoubted view of the Legislature that a person even after being given in adoption, takes along with him the property from his natural family which vested in him and continues to vest in him, adoption notwithstanding, whether that property vested in him either due to partition or otherwise. The texts of the Mitakshara Law, which we will presently see, are emphatic with regard to the vesting of the property in the coparcener. The property vests in a coparcener by birth and hence he gets a vested right in that property by virtue of inheritance. The position would have been probably different if the proviso (b) was not enacted in section 12. Be that as it may, in so far as the proviso (b) is concerned, it makes perfectly clear that th

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