M.M.PUNCHHI, K.VENKATASWAMI
Laxmappa – Appellant
Versus
Balawa Kom Tirkappa Chavdi – Respondent
ORDER
The plaintiff-respondent (who is now dead and represented by her daughter) had a brother. She adopted her brother as her son with the consent of her father . She thus became the adoptive mother of the adopted son. That relationship obligated the son to maintain his mother. On the other hand, she remained a daughter of her father. Widowed as she was, her natural father and her adopted son jointly made a gift of some agricultural land in her favour, acknowledging in the deed thereof that since she was destitute and unable to maintain herself, provision had to be made for her, for her lifetime. It was however specified therein that after her death the property would devolve upon the donors which expression included their legal heirs. This Deed of 31.7.1950 was claimed by the plaintiff-respondent to have matured into full ownership on the coming into force of the Hindu Succession Act, 1956 (for short the Act ) by the thrust of Section 14(1) of the Act for which she filed a suit for declaration etc. Her suit was resisted on the ground that Section 14(2) was applicable and that the gift was conditional to be reverting back on her death to the line of the donors. The ultimate
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