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V. GOPALA KRISHNA RAO
Kolli Konda (died) – Appellant
Versus
Kolli Somulamma – Respondent
JUDGMENT :
This Appeal, under Section 96 of the Code of Civil Procedure [for short ‘the C.P.C.’], is filed by the Appellants/defendants challenging the Decree and Judgment, dated 31.07.2000, in O.S. No.4 of 1999 passed by the learned Senior Civil Judge, Narsipatnam [for short ‘the trial Court’]. The Respondents herein are the plaintiffs in the said Suit.
2. The respondents/plaintiffs filed the Suit in O.S.No.4 of 1999 for partition of ABC schedule properties into 12 equal shares and to allot seven such shares to the plaintiffs and put them in possession of such 7 shares and for grant of future profits and for costs.
3. Both the parties in the Appeal will be referred to as they are arrayed before the trial Court.
4. The brief averments of the plaint, in O.S. No.4 of 1999, are as under:
The court established that the validity of adoption and wills must be proven with clear evidence, impacting the rights to property succession.
The court ruled that the alleged adoption was not proved and the will was surrounded by suspicious circumstances, entitling the plaintiffs to partition of the properties.
Proof of execution of Will – In cases where document sought to be proved is required by law to be attested, same cannot let be in evidence unless at least one of attesting witnesses has been called f....
Point of law: A perfectly valid adoption deed can be made without an adoption deed and any status which the adopted son gets by virtue of adoption is due to the proper ceremonies being performed and ....
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.
The main legal point established in the judgment is that the entitlement to inherit property and take a legacy is contingent upon the validity of the adoption and compliance with the legal provisions....
The term 'born' in a settlement deed excludes adopted children, and the presumption of adoption under Section 16 of the Hindu Adoptions and Maintenance Act does not apply to deeds executed before the....
The court upheld the validity of an undated Will which excluded the plaintiff from the property, ruling that her delay and knowledge of the Will barred her claim to partition.
Will – Mode of proving Will does not ordinarily differ from that of any other document except as to special requirement of attestation prescribed in Section 63 of Indian Succession Act.
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