R. SAKTHIVEL
Madalai Muthu (Died) – Appellant
Versus
Sivagamiammal (Died) – Respondent
JUDGMENT :
(R. Sakthivel, J.) :
(Prayer In S.A.No.1534 Of 2002: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree dated 26.03.2002 passed in A.S.No.25 of 2001 by the learned Subordinate Judge, Mettur, confirming the judgment and decree dated 23.04.2001 passed in O.S.No.262 of 1991 by the learned District Munsif, Mettur.)
(Prayer In S.A.No.1535 Of 2002: Second Appeal filed under Section 100 of Civil Procedure Code against the judgment and decree dated 26.03.2002 passed in A.S.No.43 of 2001 by the learned Subordinate Judge, Mettur, confirming the judgment and decree dated 23.04.2001 passed in O.S.No.68 of 1998 by the learned District Munsif, Mettur.)
These Second Appeals are directed against the common judgment and decree dated March 26, 2002, passed in A.S.No.25 of 2001 and A.S.No.43 of 2001 by the 'learned Subordinate Judge, Mettur' [henceforth 'First Appellate Court' for the sake of brevity] confirming the common judgment and decree dated April 23, 2001 passed in O.S.No.262 of 1991 and O.S.No.68 of 1998, by the 'learned District Munsif, Mettur' [henceforth 'Trial Court' for the sake of brevity].
2.The appellants no.(1) to (4) herein are the
K.Srinivasa Iyengar Vs. K.Srinivasan and Another
Kousalya Ammal Vs. Valliammai Ammal and Another
A valid adoption under the Hindu Adoptions and Maintenance Act cannot be cancelled, and a registered adoption deed carries a presumption of validity unless disproven. Additionally, the burden of proo....
A registered adoption deed provides only a rebuttable presumption of validity under the statute. The burden to prove the actual ceremony remains on the propounder, and the claim fails if evidence is ....
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.
Under Hindu law both adopted children of a childless couple inherit equally with the surviving spouse; a gift settlement lacking a revocation clause cannot be cancelled unilaterally and binds only to....
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....
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 validity of an adoption must be established by evidence of actual giving and taking of the child, with presumption favoring registered Adoption Deeds unless convincingly rebutted.
The central legal point established in the judgment is the requirement for a valid adoption to be acted upon, including the physical act of giving and taking the minor in adoption. The burden of proo....
The central legal point established in the judgment is the requirement to prove adoption strictly in accordance with the provisions of the Hindu Adoptions and Maintenance Act, 1956, including the con....
Negative declaratory relief cannot be sought without establishing positive ownership claims under the Specific Relief Act; inadequate court fees leads to dismissal of suit.
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