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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
MS. JUSTICE REKHA BORANA, J
SMT. INDIRA KOTHARI – Appellant
Versus
SH. JASWANT SINGH – Respondent
| Table of Content |
|---|
| 1. plaintiff's counsel argues for full allowance (Para 5) |
| 2. defendant's counsel supports trial court's findings (Para 6) |
| 3. court's opinion on adoption deed (Para 7) |
| 4. validity of adoption deed upheld (Para 8) |
| 5. appeal dismissed (Para 9 , 10) |
Order :
2. Vide the order impugned dated 07.01.2025, defendant Nos.1 to 9 have been restrained from alienating or transferring the properties in question till final disposal of the suit.
4. Learned counsel further submitted that the fact of defendant No.3 having not been adopted by Roshanlal is also evident on record as in the earlier suit filed by Raghuveer Singh i.e. natural father of Chaitanya, he himself admitted that he was son of Raghuveer Singh. Therein Chaitanya nowhere stated that he was the adopted son of Roshanlal. In view of the said admission of defendant No.3 himself, the Court could not have concluded or held defendant No.3 to be the adopted son of Roshanlal.
6. Per contra, learned counsel Mr. Sandeep Saruparia appearing on behalf of defendant Nos.10 to 12 and learned counsel Mr. Love Jain appearing on behalf of defendant No.3 submitted that the learned Trial Court correctly recorded the findings qua the property sold
The court upheld the validity of a registered adoption deed, affirming the rights of the adopted son to property, and found no grounds for interfering with the trial court's interim order.
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.
For a valid adoption under the Hindu Adoption and Maintenance Act, the biological parents must give the child in adoption, and the adoptive parents must take the child, which was not proven in this c....
The court established that valid adoption requires proof of giving and taking by biological and adoptive parents, which was not demonstrated, leading to equal shares among heirs.
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.
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.
The court ruled that the plaintiff failed to prove the civil death of the adoptive father and the invalidity of the adoption deed, affirming the validity of the adoption and related sale deeds.
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.
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