Back
SAURABH SHYAM SHAMSHERY
Uttam Chandra – Appellant
Versus
State of U. P. – Respondent
JUDGMENT
Saurabh Shyam Shamshery, J.
The counsel for rival parties are in agreement that these writ petitions could be decided without exchange of pleadings since entire pleadings are on record and that matter involve mainly legal issues.
2. Both these writ petitions are arising out of a dispute amongst family members with regard to a registered adoption deed, an unregistered Will as well as compromise entered between parties before Consolidation Authorities.
3. It is not in dispute that land in dispute belongs to Brij Nandan, who had two daughters, namely, Triveni and Rama Devi. Triveni has four sons including Tek Chand, whereas Rama Devi has three sons. An adoption deed was registered to the effect that Brij Nandan has adopted Tek Chand, i.e., his daughter's (Triveni's) i.e. his grand son.
4. During consolidation proceedings rival objections were filed which were decided by the Consolidation Officer by an order dated 19.03.2014 whereby adoption deed as well as Will were held to be not proved and on basis of a compromise between parties shares were allotted that Rama Devi has relinquished her rights. Relevant part of order is mentioned hereinafter:-
^^loZizFke Jh fouksn dqekj }kjk
Adoption requires strict adherence to legal prerequisites, including consent from both biological parents, making an invalid registration insufficient for legitimacy.
The validity of an adoption requires strict compliance with statutory conditions, including the consent of the biological mother, and such conditions were not met in this case.
The court affirmed that for a valid adoption, the consent of the adopting father's wife and proof of the ceremony of giving and taking are mandatory under the Maintenance and Adoption Act, 1956.
The burden of proof lies on the claimant to establish valid adoption as per statutory requirements; registered deeds are rebuttable and do not eliminate the need for actual proof.
An adoption deed, once registered, is presumed valid under Section 16 of the Hindu Adoption and Maintenance Act unless disproved, and courts must provide reasons for any conclusions drawn against its....
The main legal point established in the judgment is that the adoption deed was obtained by fraud and misrepresentation, and the physical act of giving and taking of adoption did not take place in acc....
An adoption deed executed prior to mandatory registration requirements is valid and does not necessitate stamping or registration for property rights.
Point of law: Section 6(i) of the Act requires that the person who wants to adopt a son or a daughter must have the capacity and also the right to take in adoption. Section 8 speaks of what is descri....
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
