Sale Deed Executed After Adoption By Mother For Pre-Adoption Property Binding On Adopted Child : Supreme Court
6 days, 2 hours ago

Sale Deed Executed After Adoption By Mother For Pre-Adoption Property Binding On Adopted Child : Supreme Court

Live Law  

The Supreme Court today observed that although a widow female Hindu's adopted child's rights relate to the date of the adoptive father's death, it would not divest the rights acquired by a female Hindu before an adoption. In other words, the court stated that any transaction made by the adoptive mother regarding the suit property acquired by her prior to the adoption would remain binding on the adopted child after the adoption. Affirming the High Court's decision validating the execution of the sale deed, the judgment authored by Justice Ravikumar observed that the Appellant cannot dispute her adoptive mother's right over the suit property acquired by her before his adoption. In this regard, the Court referred to the case of Kasabai Tukaram Karvar and Others v. Nivruti Through Legal Heirs and Others, where the Court cited the case of Shripad Gajanan Suthankar v. Dattaram Kashinath Suthankar where the Court held that “it is settled law that the rights of an adopted son spring into existence only from the moment of the adoption and all alienations made by the widow before the adoption, if they are made for legal necessity or otherwise lawfully, such as with the consent of the next reversioners, are binding on the adopted son.” “in view of the 'Doctrine of Relation Back' and by applying the law laid down in Sripad Gajanan Suthankar's case relied on with agreement in Kasabai Tukaram Karvar's case the adoption by defendant No.1, the widow of Bhavakanna Shahpurkar, would relate back to the date of death of the adoptive father which is 04.03.1982 but then all lawful alienations made by defendant No.1 would be binding on the appellant/plaintiff.”, the court observed.

Adoption Supreme Court Court Rights Sale Child Mother Hindu Adv Slp Deed Acquired Sale Deed Adoptive His Adoption Property Binding  executed  property  binding  adv  preadoption  court  mother  deed  mr  adoption  sale  child  acquired  rights  supreme  adoptive

History of this topic

Know The Law | Supreme Court Explains Doctrine of Relation Back In Hindu Succession & Adoption Laws
3 days, 22 hours ago

Know The Law | Supreme Court Explains Doctrine of Relation Back In Hindu Succession & Adoption Laws

Live Law  

Applicable to various branches of civil law, the 'Doctrine of Relation Back' refers to a principle that creates a legal fiction where certain acts or rights are allowed to take effect retroactively from an earlier date than the actual date of occurrence. The question was whether an adopted son could assert ownership rights over his adoptive mother's absolute property acquired …

Amendment To UP Consolidation Of Holdings Act Doesn't Require Registration Of Adoption Deeds Executed Before 01.01.1977: Allahabad HC
2 weeks, 2 days ago

Amendment To UP Consolidation Of Holdings Act Doesn't Require Registration Of Adoption Deeds Executed Before 01.01.1977: Allahabad HC

Live Law  

While allowing a 40 year old writ petition, the Allahabad High Court has held that consolidation proceedings in the State of Uttar Pradesh cannot be overruled on the ground of non-registration of adoption deed when such deed was executed prior to 01.01.1977. Petitioner submitted that on the basis of adoption deed dated 25.10.1974, being the adopted son of the deceased, …

Plaintiffs Knew Of Sale Deed Execution, Didn't Move Trial Court To Add Transferee: MP High Court Upholds Order Declining Impleadment In Appeal
1 month, 4 weeks ago

Plaintiffs Knew Of Sale Deed Execution, Didn't Move Trial Court To Add Transferee: MP High Court Upholds Order Declining Impleadment In Appeal

Live Law  

The Indore bench of the Madhya Pradesh High Court denied adding certain persons as a necessary parties to a suit pertaining to a property dispute, observing that despite having full knowledge of the execution of the sale deed during the trial before the lower court the petitioners-original plaintiffs, did not file the application for adding proposed transferees at that juncture. …

Telangana HC Rules Children Can’t Contest Mother’s Gift Settlement Deed
4 months, 2 weeks ago

Telangana HC Rules Children Can’t Contest Mother’s Gift Settlement Deed

Deccan Chronicle  

Hyderabad: The Telangana High Court made it clear that children cannot challenge the gift settlement deed executed by their mother by arguing that the subject property was joint family property and that the mother was the ostenisble owner and not the real owner. Priyadarsini, which passed the order, was dealing with an appeal suit filed by a son challenging the …

Tribunal can’t annul gift deed if it does not contain condition to take care of parents: High Court
7 months ago

Tribunal can’t annul gift deed if it does not contain condition to take care of parents: High Court

The Hindu  

The tribunal set up under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, will not get jurisdiction to annul the gift deed if the deed does not contain the condition that the transferee should provide basic amenities and physical needs to the transferor parent/senior citizen of the property, the High Court of Karnataka has said. Setting aside …

Karnataka High Court Upholds Order For Specific Performance Of Sale Agreement, Says If Owner Intended To Avail Loan It Would Execute Mortgage Deed
7 months, 3 weeks ago

Karnataka High Court Upholds Order For Specific Performance Of Sale Agreement, Says If Owner Intended To Avail Loan It Would Execute Mortgage Deed

Live Law  

The Karnataka High Court has upheld an order of the trial court decreeing a suit for specific performance of a sale agreement in favour of the plaintiff and rejected the contention of the defendants who are businessmen that they had availed loan from the plaintiffs and had not agreed to sell the schedule property. A division bench of Justice E …

Ownership Over Property Can't Be Claimed When Sale Deed Is Executed By Person Having No Title : Supreme Court
10 months, 1 week ago

Ownership Over Property Can't Be Claimed When Sale Deed Is Executed By Person Having No Title : Supreme Court

Live Law  

The Supreme Court held that a sale deed executed by the person in the plaintiff's favor wouldn't entitle the plaintiff to claim ownership/possession over such property. Reversing the findings of the High Court which held the plaintiff to be an owner of the property, the Bench Comprising Justices Sanjay Karol and Sanjay Kumar observed that the mere participation of the …

Telangana HC To Decide on Paigah Land Sale Deed to Nizam
10 months, 2 weeks ago

Telangana HC To Decide on Paigah Land Sale Deed to Nizam

Deccan Chronicle  

Hyderabad: The Telangana High Court will decide on whether the execution of a sale deed bearing document No. The common sale deed is said to have been executed for the transfer of approximately 38,70,720 shares of Paigah land at Hydernagar, Hasmathpet, Malkaram, Khaderabad, Ghansaiguda and other places to Mir Osman Ali Khan and one other by the members of the …

Transfer Of Property Act | Unregistered Sale Deed Admissible As Evidence For Considering Relief Of Specific Performance: Patna HC
1 year, 1 month ago

Transfer Of Property Act | Unregistered Sale Deed Admissible As Evidence For Considering Relief Of Specific Performance: Patna HC

Live Law  

The Patna High Court recently ruled that an unregistered sale agreement remains admissible as evidence in a lawsuit seeking specific performance of the agreement. Justice Sunil Dutta Mishra observed, “It is clear from the above that even where the sale agreement is not registered, the document can be received as evidence for considering the relief of specific performance and the …

Mother Can't Relinquish Property Rights Of Minor Children Without Proper Documentation: Telangana High Court
1 year, 3 months ago

Mother Can't Relinquish Property Rights Of Minor Children Without Proper Documentation: Telangana High Court

Live Law  

The Telangana High Court has held that a mother cannot legally relinquish the property rights on behalf of her minor children in light of the amendments to the Hindu Succession Act, 2005 which granted daughters equal rights to sons in ancestral property, strengthening their claim to a share in such properties. Justice P. Sree Sudha held that the mother's purported …

Adopted Child Doesn't Retain Right To Claim Share In Birth Family’s Property, Telangana High Court Full Bench Rules In 46-Year-Old Dispute
1 year, 6 months ago

Adopted Child Doesn't Retain Right To Claim Share In Birth Family’s Property, Telangana High Court Full Bench Rules In 46-Year-Old Dispute

Live Law  

A Full Bench of the Telangana High has ruled that a child upon adoption ceases to be a coparcener of his or her birth family and consequently gives up any right or interest in the family ancestral property. "Only if a partition has taken place before the adoption and property is allotted to his share or self acquired, obtained by …

Dispute Between Defendants Regarding Validity Of Sale Deed Can’t Be Considered In Suit For Possession Instituted By Plaintiff: Supreme Court
1 year, 8 months ago

Dispute Between Defendants Regarding Validity Of Sale Deed Can’t Be Considered In Suit For Possession Instituted By Plaintiff: Supreme Court

Live Law  

The Supreme Court bench comprises Justices M.R. Ravikumar has ruled that an inter-se dispute on the validity of the sale deed executed between the defendants in respect of the suit land, cannot be considered in the suit for possession instituted by the plaintiff on the basis of a registered sale deed executed in its favour, as it would amount to …

Certified Copy Of Sale Deed Is Secondary Evidence U/S 63 Evidence Act, Does Not Prove Its Execution: Tripura High Court
1 year, 10 months ago

Certified Copy Of Sale Deed Is Secondary Evidence U/S 63 Evidence Act, Does Not Prove Its Execution: Tripura High Court

Live Law  

The Tripura High Court has held that a certified copy of a sale deed is secondary evidence under Section 63 of the Evidence Act which acknowledges/recognizes the existence, conditions and contents of a Sale deed, but notits execution. Adjudicating upon the matter Justice Lodh observed that the certified copy of the sale deed, when exhibited by the Court without any …

Property Transferred to Mother Through Sale Deed Is A Sale And Not Gift, Taxable As Capital Gain: ITAT
2 years ago

Property Transferred to Mother Through Sale Deed Is A Sale And Not Gift, Taxable As Capital Gain: ITAT

Live Law  

The Rajkot Bench of the Income Tax Appellate Tribunal has held that the property transferred by the assessee to his mother for consideration of Rs. The two-member bench of Suchitra Kamble and Waseem Ahmed has directed the AO to refer the matter to the Department Valuation Officer to determine the value of the property in accordance with the provisions of …

Mother being natural guardian can decide child's surname, says Supreme Court
2 years, 5 months ago

Mother being natural guardian can decide child's surname, says Supreme Court

India Today  

The Supreme Court on Thursday ruled that a mother who remarries after the death of her biological father can choose the surname of her child and include it in her new family. The bench of Justices Dinesh Maheshwari and Krishna Murari overturned an Andhra Pradesh High Court decision ordering a mother to change her child's surname and refer to her …

Subsequent Purchaser After Issuance Of Notification Under Land Acquisition Act Can't Challenge Acquisition Proceedings: Madras High Court
2 years, 6 months ago

Subsequent Purchaser After Issuance Of Notification Under Land Acquisition Act Can't Challenge Acquisition Proceedings: Madras High Court

Live Law  

The Madras High Court recently observed that a person who purchases a piece of land after the issuance of notification for its acquisition by the government under Section 4 of the Land Acquisition Act 1894, has no right to challenge the acquisition proceedings. The bench of Chief Justice Munishwar Nath Bhandari and Justice N Mala dismissed the appeals filed by …

Widow Can't Claim Inheritance Of Property Through Natural Succession If Husband Was Not Owner Of Suit Land On Date Of His Death: P&H High Court
2 years, 7 months ago

Widow Can't Claim Inheritance Of Property Through Natural Succession If Husband Was Not Owner Of Suit Land On Date Of His Death: P&H High Court

Live Law  

Punjab and Haryana High Court while dealing with an appeal filed by the widow claiming right over the suit property on the basis of natural succession, held that appellant's husband was not the owner of the suit land on the date of his death, therefore, the question of inheritance of the estate does not arise. The plaintiff claimed the suit …

Mere Joining Of Son In Execution Of Sale Deed Does Not Raise Presumption That Subject Property Is "Family Property": Madras High Court
2 years, 7 months ago

Mere Joining Of Son In Execution Of Sale Deed Does Not Raise Presumption That Subject Property Is "Family Property": Madras High Court

Live Law  

The Madras High Court bench of Justice N. Anand Venkatesh observed that merely because a son has been added as a co-vendor in a sale deed would not give rise to the presumption that the property being dealt with is a family property. The court further held that the burden of proof to prove that the property was a joint …

Execution Of Document Does Not Stand Admitted Merely Because A Person Admits To Having Signed It: Supreme Court
2 years, 7 months ago

Execution Of Document Does Not Stand Admitted Merely Because A Person Admits To Having Signed It: Supreme Court

Live Law  

The Supreme Court observed that the execution of a document/deed does not stand admitted merely because a person admits to having signed the document/deed.The "term" execution in Section 35 Registration Act means that a person has signed a document after having fully understood it and consented to its terms, the bench comprising Justices DY Chandrachud, AS Bopanna and Bela M. …

Child Adopted By A Widow Not Entitled To Inherit Her Deceased Husband's Property: Bombay High Court
2 years, 9 months ago

Child Adopted By A Widow Not Entitled To Inherit Her Deceased Husband's Property: Bombay High Court

Live Law  

The Bombay High court on Thursday answered the question of whether the principle of relation back is applicable in case of a son adopted post the demise of the husband of the adopting lady in the negative. A single judge Justice Shrikant D. Kulkarni observed, "an adopted son may have rights in future in the property which the family may …

Fake Arbitration In 'Film Shooting Set' Court Room, Madras High Court Cancels Award Directing Execution Of Sale Deed In Respect Of Stranger's Property
2 years, 11 months ago

Fake Arbitration In 'Film Shooting Set' Court Room, Madras High Court Cancels Award Directing Execution Of Sale Deed In Respect Of Stranger's Property

Live Law  

Madras High Court has recently set aside an arbitral award directing execution of sale deed of a third party's property, alien to the proceedings before the tribunal, after huge fraud came into light with respect to the transaction between the parties and the arbitral proceedings before the tribunal. In the said arbitral proceedings at a 'make believe court room' in …

Absence Of Prior Approval By State Government Before Executing The Sale Deed Would Vitiate And Invalidate The Document: Karnataka High Court
3 years ago

Absence Of Prior Approval By State Government Before Executing The Sale Deed Would Vitiate And Invalidate The Document: Karnataka High Court

Live Law  

The Karnataka High Court recently said that not obtaining of previous/prior approval from the State Government by the Karnataka Housing Board before execution of the sale deed dated would invalidate and vitiate the said document. "Absence/lack/want of previous/prior approval by the State Government before executing the impugned Sale Deed dated 23.08.2006 would vitiate and invalidate the said document and mere …

Merely Executing Notarized Document Purporting To Adoption Deed Does Not Give A Right To Child Custody: Bombay High Court
3 years, 9 months ago

Merely Executing Notarized Document Purporting To Adoption Deed Does Not Give A Right To Child Custody: Bombay High Court

Live Law  

The Bombay High Court recently refused permission to a couple to take custody over a two-year-old child on the strength of a "notarised adoption deed". A Bench of Justices SS Shinde and Manish Pitale ruled, "We are of the opinion that by merely executing a notarized document purporting to be an Adoption Deed, the petitioners cannot claim that they have …

In Absence Of Pleadings, Any Amount Of Evidence Will Not Help The Party In A Civil Suit, Reiterates Supreme Court [Read Judgment]
4 years, 2 months ago

In Absence Of Pleadings, Any Amount Of Evidence Will Not Help The Party In A Civil Suit, Reiterates Supreme Court [Read Judgment]

Live Law  

In absence of pleading, any amount of evidence will not help the party in a civil suit, the Supreme Court has reiterated.In this case, the plaintiff questioned an adoption deed, executed by his father, in favour of defendant in a civil suit. In absence of pleading, any amount of evidence will not help the party in a civil suit, the …

Children Born To Adoptee Before His Adoption Entitled To Inherit His Property In Adoptive Family: SC [Read Judgment]
4 years, 11 months ago

Children Born To Adoptee Before His Adoption Entitled To Inherit His Property In Adoptive Family: SC [Read Judgment]

Live Law  

The Supreme Court has observed that children who were born to an adoptee before his adoption are entitled to inherit his property in the adoptive family. In the litigation that followed the death of Laxman and his wife, the issue before the High Court was whether the three sons of Laxman born before adoption in 1935, namely, Gangadhar, Dattatraya and …

Illegitimate Child's Right To Inherit His Father's Ancestral Property: SC Awaits Answers To Question Referred To Larger Bench In 2011
5 years, 2 months ago

Illegitimate Child's Right To Inherit His Father's Ancestral Property: SC Awaits Answers To Question Referred To Larger Bench In 2011

Live Law  

Does an 'illegitimate' child have the right to succeed to his/her father's ancestral property? This issue has again popped up before the Supreme Court in a special leave petition titled as Jitender Kumar vs. Jasbir Singh. In this case, the Punjab and Haryana High Court, while dismissing a second appeal, relied on the judgments of the Apex Court in Bharatha …

Donee Not Required To Examine Attesting Witness If There Is No Specific Denial Of Execution Of Gift: SC [Read Judgment]
5 years, 3 months ago

Donee Not Required To Examine Attesting Witness If There Is No Specific Denial Of Execution Of Gift: SC [Read Judgment]

Live Law  

The Supreme Court has held that, when the execution of the gift deed was not specifically denied in the suit filed, it is not necessary for the Donee to examine one of the attesting witnesses in terms of proviso to Section 68 of the Indian Evidence Act, 1872.In this case, the High Court dismissed the suit filed by the plaintiffs. …

Contract Act-'Undue Influence' Can't Be Inferred Merely Because Family Member Was Taking Care Of Elderly Person: SC [Read Judgment]
5 years, 3 months ago

Contract Act-'Undue Influence' Can't Be Inferred Merely Because Family Member Was Taking Care Of Elderly Person: SC [Read Judgment]

Live Law  

The Supreme Court, in a judgment delivered on Wednesday, observed that 'undue influence' in execution of contract cannot be inferred merely because a family member was looking after his family elder. In a suit between brothers, it was alleged that the defendants obtained the sale deed from their deceased father fraudulently, by undue influence because of old age and infirmity …

Discover Related