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C. T. RAVIKUMAR, PRASHANT KUMAR MISHRA
Mahesh – Appellant
Versus
Sangram – Respondent
JUDGMENT :
C.T. RAVIKUMAR, J.
1. Leave granted.
2. In the captioned appeals by Special Leave the appellant calls in question the common judgment dated 14.02.2024 of the Karnataka, High Court, Dharwad Bench, passed in RFA Nos. 100168 and 100247, of 2018 which emanated from the judgment and preliminary decree dated 31.03.2018 in OS No. 122 of 2009 of the Court of IIIrd Additional Senior Civil Judge, Belagavi.
3. The self-same appellant was the plaintiff in OS No. 122 of 2009 filed for partition of the suit schedule properties and separate possession against the defendants. Respondent Nos. 1 to 4 herein were the original defendant Nos. 2 to 5 respectively in the said suit. Pending the first appeals, respondent No. 5/defendant No. 6 died and consequently, his legal representatives were impleaded as additional respondent Nos. 5A to 5F and they are respondent Nos. 5 to 10 in these appeals.
4. The facts of the case necessary for disposal of the captioned appeals are as follows:
(1) Female Hindu succession – Adopted child shall not divest any person of any estate which vested him or her before adoption – Adoption by a widow would relate back to date of death of her husband, ....
The court upheld that a registered adoption presumes validity unless disproved, affirming married daughters' inheritance rights under Hindu law.
The main legal point established in the judgment is that a valid gift deed passes a title in favor of the donees, and subsequent deeds or Wills may be invalid if not proven.
The main legal point established in the judgment is the validity of the adoption deed and the plaintiff's lack of locus standi to question the adoption.
A Kartha of a Hindu Joint Family cannot gift joint family property without the consent of other coparceners, rendering such a Gift Deed invalid.
Adoption severs ties with the biological family, divesting the adopted son of rights to property acquired through the natural father, and the burden of proof for joint ownership lies with the claiman....
Adoption does not divest an adopted child of rights acquired through a biological parent if the property was established as independent property prior to adoption.
A Kartha of a Hindu joint family cannot gift joint family property without the consent of other coparceners, as such gifts are void.
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