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SANJAY KUMAR DWIVEDI
Binod Kumar Pathak S/o Late Raghunandan Pathak – Appellant
Versus
Rajesh Nandan Pathak S/o Late Manindra Kumar Pathak – Respondent
JUDGMENT :
SANJAY KUMAR DWIVEDI, J.
1. Heard Mr. S.K. Sharma, learned counsel for the appellants and Mr. B.V. Kumar, learned counsel for the respondent No. 1.
2. This appeal has been filed challenging the validity and legality of the judgment dated 22.07.2016 passed by the learned Principal District Judge, Gumla in Succession Case No. 03/2014 whereby succession petition was partly allowed and directed to issue succession certificate of 1/3rd amount in favour of the respondent no. 1.
3. The case of the petitioner/respondent no. 1 is that petition under section 372 of the Indian Succession Act, 1925 has been filed praying there to grant Succession certificate. The case of the petitioner in short is that the petitioner is the adopted son of Late Manindra Kumar Pathak and live with adoptive parents till their death. Further, Raghunandan Pathak grand father of the petitioner had five sons namely Vishwanath Pathak, Kishori Mohan Pathak, Manindar Kumar Pathak, Binod Kumar Pathak and Manoj Kumar Pathak. Further, Manindra Kumar Pathak was posted in N.T.PC at Bongai Gaon of Assam State and he had no issue. In April 1995, during the marriage ceremony of their nephew Anirudh Kumar Pathak, Manindra
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....
Nominee status can impact succession claims; both marriages considered in succession certificate decision despite first marriage's validity.
The burden of proof lies on the claimant to establish valid adoption as per statutory requirements; registered deeds are rebuttable and do not eliminate the need for actual proof.
The court established that for an adoption to be valid under the Hindu Adoptions and Maintenance Act, 1956, there must be clear and convincing evidence of the actual giving and taking in adoption, wh....
The validity of adoption requires clear, cogent evidence of factum, including actual giving and taking; mere documentation is insufficient without proof of the legal requirements.
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