This doctrine is a legal fiction historically applied to adoption. Under traditional Hindu law, when a widow adopted a son after her husband's death, the law treated the adoption as if it had taken place at the moment of the husband's death.
The Concept: The adopted son's rights "related back" to the date the father died. This was intended to maintain the continuity of the lineage and the spiritual benefits associated with having a son.
Impact on Property: Because of this fiction, the adopted son could often divest (take away) property that had already vested in other heirs between the father's death and the date of adoption.
Modern Position: The Hindu Adoptions and Maintenance Act, 1956 (Section 12) effectively abolished this doctrine. Today, an adopted child is deemed to be the child of their adoptive parents from the date of adoption only. They cannot divest any person of any estate which vested in them before the adoption took place.
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