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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
SANJEEV S KALGAONKAR
Raju – Appellant
Versus
Kalan Kanade – Respondent
ORDER :
SANJEEV S KALGAONKAR, J.
Heard on admission.
2. Records of the Court of first instance and the first Appellate Court have been received.
3. Heard learned counsel for the appellant on admission of appeal.
4. Plaintiff Kalan Kanade (respondent herein) had filed a civil suit against appellant / defendant Raju for declaration of title and vacant possession of the disputed house ad-measuring 10 ft x 15 ft. situated at Kawar Colony, Badwah. She had further prayed for declaration that the adoption deed dated 04/07/2006 is void and not binding on her. Defendant Raju filed counter claim along with written statement and prayed for relief of declaration that he is the adopted son of Tukaram and Kalanbai. He also prayed for declaration of title to the part of the house in his possession and permanent injunction to protect his possession.
5. The Court of first instance i.e. First Civil Judge Class-II, Badwah, District – West Nimad, vide judgment and decree dated 28/07/2018 passed in RCS no. 23-A of 2016, rejected the relief claimed in the counter claim filed by defendant Raju and granted decree of vacant possession in favour of the plaintiff. Defendant Raju preferred appeal assailing the jud
Valid adoption requires proof of customary rituals and consent, with documentary evidence insufficient without corroborating proof of actual giving and taking.
A second appeal under Section 100 CPC is restricted to substantial questions of law, not factual re-evaluations. Valid proofs for claims such as adoption must meet statutory requirements for recognit....
Point of law: Capacity of a male Hindu to take in adoption-Any male Hindu who is of sound mind and is not a minor has the capacity to take a son or a daughter in adoption. Provided that, if he has a ....
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.
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.
Compliance with the conditions for a valid adoption under the Hindu Adoption and Maintenance Act, 1956 is essential to establish the legality of adoption and the right in the suit property.
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....
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