Illatom adoption

Illatom affiliation or Illatom adoption. 

There is no dispute with the legal position that in Kamma community there was a custom to enter into an agreement to give a share in the property and bring a son-in-law as illatom son-in-law and that such illatom adoption prevailed among kamma caste in the Madras Presidency and that in such an event of illatom affiliation or illatom adoption such a son-in-law would be entitled to a share as agreed to between the parties. 

This custom gained recognition of law. (See:AIR 1940 Madras 761 & AIR 1965 SC 209). It is also settled position that merely because a son-in-law is an illatom son-in-law he will not get any right to claim partition in the property of his father-in-law unless there is also an express agreement as per the custom prevailing in the community.

 Thus, in the absence of an express agreement an illatom son-in-law is not entitled to claim a share in the property of his father-in- law. 

In G. Narayanappa v. Govt of AP the Supreme Court held that 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 Supreme Court also noted that 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 ceremony is necessary. The incidents of an illatom adoption have now become crystallized into fixed rules of law by a long course of decisions. To constitute a person an illatom, a specific agreement is necessary.... After the death of the adopter he is entitled to the full rights of a son even as against natural sons subsequently 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.

**