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NARENDRA SINGH DHADDHA
Asha Sanghi Wife of Shri Jitendra Sanghi – Appellant
Versus
Neeraj Jain (Tholiya) Son Of Shri Nirmal Kumar Jain – Respondent
JUDGMENT :
1. Instant appeal filed by the appellant-plaintiff (for short ‘the plaintiff’) against the judgment and decree dated 10.12.2019 passed by Additional District & Sessions Judge No.15, Jaipur Metropolitan in Civil Suit No.32/2012, whereby learned trial court had dismissed the suit filed by the plaintiff.
2. Facts of the case are that plaintiff and respondent No.11 jointly filed a civil suit for permanent injunction and mandatory injunction against the respondents-defendants (for short ‘the defendants’) claiming themselves to be owners of the suit properties being natural successors of deceased Smt Lalita Devi and Late Shri Gopi Chand. Respondent No.1-defendant (for short ‘the defendant No.1’) claimed himself to be sole owner of the suit properties on the basis of Will dated 10.09.1996 of Smt Vimla Devi and stating himself to be adopted son of Smt Vimla Devi.
3. Trial court has framed the following issues on the basis of pleadings of the parties:
The validity of the adoption deed and will, and the application of Section 16 of the Hindu Adoption and Maintenance Act, 1956 in property disputes.
Compliance with the conditions for a valid adoption under the Hindu Adoption and Maintenance Act, 1956 is essential to establish the legality of adoption and the right in the suit property.
The main legal point established in the judgment is the requirement to prove the valid execution of a Will and adoption deed in property disputes, and the significance of additional evidence in revea....
The legal principle established is that a person in lawful possession of a property, especially as an adopted son, cannot be dispossessed without following due process of law.
Adoption – Ceremony of adoption may vary depending upon circumstances of each case, but for a valid adoption there has to be ceremony of giving and taking of child in adoption.
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.
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