HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
NARENDRA SINGH DHADDHA
Vastu Township Pvt. Ltd., through Dev Prakash Meena, son of late Shri Panchu Ram Meena representative of the company, authorized – Appellant
Versus
Shri Ladu, son of Shri Bhonriya alias Bhairu (Since Deceased) through his Legal heirs:- Jagdish (son of late Ladu) – Respondent
Judgment :
(NARENDRA SINGH DHADDHA, J.)
1. Since common question of law and facts are involved in these appeals, hence with the consent of counsel for the parties, arguments have been heard together and all three appeals are being decided by this common judgment.
2. These three appeals have been filed by the respondents- defendants (for short ‘the defendants’) under Section 96 CPC of Civil Procedure Code against the impugned judgment and decree dated 22.12.2012 passed by the Additional District Judge No.3, Jaipur (for short ‘the trial court’) in Civil Suit No.43/2012 titled as “Ladu V/s Ram Lal & Ors.”, whereby the suit filed by the respondent No.1-plaintiff (for short ‘the plaintiff’) for declaring the adoption deed as null and void, permanent injunction and cancellation of registered sale deed dated 04.04.2005 which was presented on 05.03.2005 and cancelling the sale deed dated 30.06.2005 has been decreed.
3. Brief facts of the case are that the plaintiff filed a civil suit against the defendants for declaration of adoption deed as null and void and cancellation of registered sale deed dated 04.04.2005 presented on 5.03.2005 and cancellation of sale deed dated 30.06.2005. The said su
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.
Adoption deed requires evidence of consent from natural and adoptive parents and must comply with statutory provisions; failure to meet these conditions invalidates the adoption.
The main legal point established in the judgment is that the adoption deed was obtained by fraud and misrepresentation, and the physical act of giving and taking of adoption did not take place in acc....
A second appeal under Section 100 CPC is restricted to substantial questions of law, not factual re-evaluations. Valid proofs for claims such as adoption must meet statutory requirements for recognit....
The absence of a formal adoption deed does not invalidate an adoption if supported by sufficient evidence, and a marriage under the Special Marriage Act is valid without traditional rituals.
The validity of an adoption must establish consent of both natural parents, failing which the adoption may be considered invalid under Hindu law.
[The validity of an adoption deed requires adherence to legal formalities, including proper ceremonies, and knowledge of such deeds impacts the limitation period for challenging them.]
The court upheld the validity of a registered adoption deed, emphasizing that the suit challenging it was barred by limitation as it was filed 33 years after the plaintiffs gained knowledge of the ad....
An adoption deed, once registered, is presumed valid under Section 16 of the Hindu Adoption and Maintenance Act unless disproved, and courts must provide reasons for any conclusions drawn against its....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.