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GAURI GODSE
Nivritti Pandurang Nale – Appellant
Versus
Uttam Ganu Nale – Respondent
JUDGMENT
This appeal is preferred by defendant no. 2 to challenge the judgment and decree passed by the first Appellate Court allowing the plaintiffs’ appeal. The trial court had dismissed the suit for partition and separate possession. However, in an appeal preferred by the plaintiffs, the suit is decreed against defendant no. 2, thereby declaring that plaintiff nos. 1 to 3 and defendant no. 2 have 1/4th share each in the suit property. Hence, this appeal by defendant no. 2.
2. The second appeal is admitted vide order date 21st February 1994 on the following substantial questions of law:—
“(1) Whether Defendant no. 2 was the adopted son of Pandurang?
(2) What is the legal effect of writing of adoption dated 18th July 1985 Exhibit 62 executed by the adoptive mother?
(3) Whether the finding of the First Appellate Court to the effect that the defendant no. 2 was not the adopted son of Pandurang is perverse?”
Basic facts:
3. The parties are Gopala’s heirs and legal representatives. Gopala had two sons, Ganu, who died on 25th December 1953 and Pandurang, who died on 26th March 1978. The plaintiff no. 3 is Ganu’s wife, and plaintiff nos. 1, 2 and defendant no. 2 are sons of Ganu a
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.
The court upheld that a registered adoption presumes validity unless disproved, affirming married daughters' inheritance rights under Hindu law.
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.
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 ....
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....
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.
The validity of adoption requires clear, cogent evidence of factum, including actual giving and taking; mere documentation is insufficient without proof of the legal requirements.
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