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M. S. RAMESH, N. ANAND VENKATESH
C. Gurusami – Appellant
Versus
Nagajothi – Respondent
JUDGMENT :
M.S.RAMESH, J
PRAYER: Appeal filed under Section 96 of Civil Procedure Code, against the judgment and decree dated 04.02.2014 passed in O.S.No.551 of 2004 on the file of the Additional District Court No.6, Madurai.
The present appeal is directed against the judgment and decree of the trial Court, dated 04.02.2014 in O.S.No.551 of 2004 on the file of the VI Additional District Court, Madurai, whereby a preliminary decree of partition of 1/6th share in the suit property was decreed in favour of the plaintiff and 1/6th share each in favour of the defendants 2 to 5 and 15 to 17.
2. For the sake of convenience, the parties to the appeal are addressed according to their status in the original suit.
3.1. The case of the plaintiff is that the suit property originally belonged to one Thiru.late.N.Kannayiram Pillai, who had purchased the same through a registered sale deed dated 15.07.1981. The wife of Thiru.late.Kannayiram Pillai, had predeceased her husband. Thiru.late.Kannayiram Pillai, subsequently expired, without any issues.
3.2. During his lifetime, Thiru.late.Kannayirampillai had adopted the first defendant herein on 01.01.1983, who is Thiru.late.Kannayiram Pillai wife's brother
Point of law: A perfectly valid adoption deed can be made without an adoption deed and any status which the adopted son gets by virtue of adoption is due to the proper ceremonies being performed and ....
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.
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....
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.
Valid adoption severs biological family ties completely; unchallenged adoption makes acquired property exclusive to adopted son, barring biological brother's partition claim absent timely challenge.
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