SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Article Pause Article
judgment-img

2006 Supreme(Raj) 2391

[Citation : RLW 2007(1) RJ 110]
(Rajasthan High Court)
Jaipur Bench
Mali Ram & Ors. Vs. B.O.R. & Ors. (Sharma, J.)
HON'BLE SHIV KUMAR SHARMA, J.
Mali Ram & Ors.
Versus
Board of Revenue for Rajasthan Ajmer & Ors.
S.B. Civil Writ Petition No.2492 of 1998, decided on 5th October, 2006

Advocates Appeared
Bhanu Pareek, for Petitioners;
R.P. Kuldeep, Addl. Govt. Advocate, for State;
R.K. Goyal, for Respondents

Headnote:Hindu Adoption and Maintenance Act, 1956, Sec. 16 — Mutation on the basis of registered adoption deed executed by the deceased — Presumption — Held — Whenever any document registered under the law is produced before any Court purporting to record an adoption made and is signed by the person giving and the person taking the child in adoption, the court shall presume that the adoption has been made in compliance with the provisions of this Act unless and until it is disproved. (Para 4 & 5)

       Writ petition dismissed.

       .

Honble SHARMA, J.—The challenge in the instant writ petition is to the order of Board of Revenue (for short ‘Board’) respectively passed on April 3, 1992. August 13, 1997 and January 20, 1998 whereby it was held that the responent Hanuman had 1/3 share in he agricultural land belonging to deceased Deva his adopted son.

2. I have heard learned counsel for the parties and carefully scanned the material on record.

3. The Board allowed the revision vide order dated April 3, 1992 filed by respondent Hanuman and directed that 1/3 share of deceased Deva be mutated in favour of Hanuman. The special appeal filed under Section 11 of Rajasthan Land Revenue act by the petitioners was also dismissed on August 13, 1997 as it held that Hanuman had 1/3 share in the land of deceased Deva in view of registered adoption deed executed by deceased Deva in favour of Hanuman. Review petition filed by the petitioner was also dismissed on January 20, 1998.

4. Presumption of genuineness is attached to the registered adoption deed as per Section 16 of the Hindu Adoptions and Maintenance Act, 1956 (for short, ‘1956 Act’) which provides as under:

"16. Presumption as to registered documents relating to adoption.—Whenever any document registered under any law for the time being in force is produced before any court purporting to record an adoption made and is signed by the person giving and the person taking the child in adoption, the court shall presume that the adoption has been made in compliance with the provisions of this Act unless and until it is disproved."

5. In view of the afore quoted section the Board had presumed that the adoption deed had been made in compliance with the provision of 1956 Act. I find no illegality in the impugned orders of the Board.

6. Resultantly, the writ petition being devoid of merit stands dismissed without any order as to costs.





Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
whatsapp-icon Back to top