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2018 Supreme(Bom) 2906

A.M.DHAVALE
Vishnu Maruti Jadhav – Appellant
Versus
Kamalabai Sadashiv Rajawade – Respondent


Advocates Appeared:
A.V. Anturkar Sr. Advocate with S.B. Deshmukh, Advocate, for the Appellants and for Respondents in Cross-objections; S.S. Kulkarni, Advocate, for the Respondent Nos.1 and 2 and for Cross-objectionist

JUDGMENT

A.M. Dhavale, J. - This appeal raises the issue of effect of adoption by a widow in 1953 on her rights under Hindu Women''s Rights to Property Act, 1937.

2. Reference to the facts and pleadings shorn of unnecessarily details is necessary. The subject matter of the suit are 9 agricultural lands and one house property described in para 1 of the plaint. (One Bhujaba was the common ancestor. He was survived by three sons Rambhau, Parvati and Maruti. Rambhau died issueless. Parvati died in 1946. He was survived by widow Janabai and two daughters Kamalabai and Sindhu. (The daughters are the original plaintiffs who are the respondents herein.) Parvati''s brother Maruti had five sons and five daughters. Defendant no.1 Vishnu son of Maruti who is the appellant herein claims to be adopted son of Janabai.) Other defendants are also descendants of Maruti. Janabai died in 1990 and her two daughters filed Regular Civil Suit No.108 of 1992 in the court at Bhor, District Pune, by denying the adoption of Vishnu by Janabai, and claimed that Parvati was having 1/2 share in the suit properties and on his death, Janabai inherited the said share by way of limited interest which ripened into abso

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