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IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR
G.S. AHLUWALIA
Praveen Tiwari – Appellant
Versus
Anita Upadhyay – Respondent
JUDGMENT :
G.S. AHLUWALIA, J.
1. This Second Appeal, under Section 100 of CPC has been filed against the judgment and decree dated 19.11.2019 passed by I Additional District Judge, Dabra, District Gwalior (M.P.) in RCA No.15/2017, thereby affirming the judgment and decree dated 27.02.2017 passed by I Civil Judge Class II, Bhitarwar, District Gwalior (M.P.) in Civil Suit No.04A/13.
2. Appellant is plaintiff who has lost from both the courts below.
3. It is the case of appellant that land bearing Survey Nos.711, 528, 529, 530 Min-2, 1679, 1680, 1683, 1684, 1690, 1829 Min-2, 2012 Min-3, 2089, 2382 Min- 1, 2516 Min-3, 2540, 2544, 236, 237, 262 and 2515/1 situated in village Sankhni, Tahsil Bhitarwar, District Gwalior (M.P.) and Survey No.72 Min-2, 109, 110 situated in village Jhau, Tahsil Bhitarwar, District Gwalior (M.P.) is the ancestral property of plaintiff and defendant No.1. After death of father of plaintiff and defendant No.1 namely late Vasudev Tiwari, it is alleged that plaintiff and defendant No.1 got 1/2 share each. However, defendant No.1 got her name mutated in the revenue records by claiming herself to be the sole legal representative, whereas plaintiff has 1/2 share in t
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Adoption does not divest an adopted child of rights acquired through a biological parent if the property was established as independent property prior to adoption.
Adoption severs ties with the biological family, divesting the adopted son of rights to property acquired through the natural father, and the burden of proof for joint ownership lies with the claiman....
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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 court established that claims of adoption must be substantiated by clear evidence, and a lis pendens purchaser lacks standing to challenge findings related to the vendor's status if the vendor do....
The court upheld that a registered adoption presumes validity unless disproved, affirming married daughters' inheritance rights under Hindu law.
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