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1939 Supreme(Mad) 393

ALFRED HENRY LIONEL LEACH
Gundavarapu Seshamma – Appellant
Versus
Kornepati Venkata Narasimha Rao – Respondent


JUDGMENT

Alfred Henry Lionel Leach, C.J.

1. The question which the Court is called upon to decide in this appeal is whether an adoption by a Hindu widow is valid when the family is divided and she has obtained the consent of the nearest sagotra sapindas of her husband, but has not consulted a daughters son, he being of age. In other words does the Hindu law demand that the daughters son shall be consulted, if he is of age, before the widow can adopt, notwithstanding that the proposed adoption has received the approval of her husbands nearest agnates?

2. In this case one Kornepati Lakshminarayana died divided from his brothers. He was survived by his wife Subbamma and his two daughters, the appellant and one Rathamma, who is now dead. The appellant has four sons who have not been made parties to this litigation. Rathamma had two sons the fifth and sixth respondents. In the year 1916, about 40 years after her husbands death, Subbamma adopted a boy named Narasimha Rao, the son of the third respondent. Before the adoption took place Subbamma obtained the consent in writing of her husbands nearest agnates, the second, third and fourth respondents, who are the sons of her husbands brothers.













































































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