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

1921 Supreme(Mad) 274

SPENCER
Arulananda Muthu – Appellant
Versus
Ponnuswami Alias Thambaya Swami – Respondent


JUDGMENT

Spencer, J.

1. The plaintiff brought this suit for a declaration of his title to succeed to the properties of Ponnusami Maniyagar by virtue of his having been adopted by that individual and for recovering his share in the estate. The Subordinate Judge dismissed the suit holding that, as Ponnuswami Maniyagar was a ward under the Court of Wards at the time of the adoption, and as the Court of Wards had not sanctioned the alleged adoption, even if true, would be invalid for want of the previous consent of the Court of Wards in writing as required by Section 25 of Regulation V of l804.

2. Section 25 of Regulation V of 1804 declares : "It shall not be competent for disqualified landholders to adopt children without the consent of the Court of Wards previously had in writing" and Section 4 of that Regulation declares "where minors may succeed to inheritable property, they shall not, in any case, be competent to take charge of or to administer their own affairs during the period of the minority; and for the better understanding thereof, the duration of minority shall, without exception, continue until the completion of the eighteenth year of age". In 1875, the Indian Majority Act wa









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
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top