Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, J
T.B.Bharath – Appellant
Versus
Vanitha – Respondent
JUDGMENT :
N.Sathish Kumar, J.
A challenge has been made to the decree and judgment of the Trial Court, dismissing the suit filed for declaration and partition.
2. The case of the plaintiff/appellant is that he was adopted by the 1st defendant and her husband when he was 45 days old and adoption was done as per the customs and Hindu rites. The 1st defendant educated him in A.E.S.Matric Higher Secondary School upto 8th standard and at that time, his adoptive father died on 25.11.2012. Thereafter, the plaintiff was admitted in Swathi Matric Higher Secondary School at Hosur and was studying 9th standard in the school. As the school fee has not been paid by the 1st defendant, the plaintiff was not permitted to pursue education and he went to his parents house.
3. According to the plaintiff, thereafter, he was in the custody of one Rojali's at Kannandahalli and the 1st defendant failed to get back her adoptive son back to her house. Subsequently, the plaintiff came to know that his father Balu @ Balachandran executed a registered Will on 13.12.2009 in respect of 'A' Schedule property and based on the Will, the plaintiff approached the 1st defendant to deliver the Will property and at that t
Adoption must be established with evidence; mere school records are insufficient, and a Will must be executed and attested as per legal requirements to be valid.
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 the validity of adoption and wills must be proven with clear evidence, impacting the rights to property succession.
The court ruled that the alleged adoption was not proved and the will was surrounded by suspicious circumstances, entitling the plaintiffs to partition of the properties.
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.
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.
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....
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.
Will – Mode of proving Will does not ordinarily differ from that of any other document except as to special requirement of attestation prescribed in Section 63 of Indian Succession Act.
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
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
