SHRIPAD GAJANAN SUTHANKAR versus DATTARAM KASHINATH SUTHANKAR AND ORS.

SHRIPAD GAJANAN SUTHANKAR versus DATTARAM KASHINATH SUTHANKAR AND ORS.

An adopted son by a widow under Mitakshara law relates back to the adoptive father's death for the purposes of coparcenary rights. However, any lawful partition or alienation (by gift, will, or sale) prior to the adoption—made in accordance with legal rights then existing—cannot be challenged by the adopted son. For the present case, the adoption entitles the plaintiff to a share as at the 1944 partition date, but the share gifted away by Mahadev to the second defendant is excluded. The properties allotted to the first defendant at the time of adoption (including maintenance allotment) are to be divided equally, one share to the plaintiff.

Parties
Appellant/second Defendant: Shripad Gajanan Suthankar; Respondent/plaintiff: Dattaram Kashinath Suthankar; Third Defendant/adoptive Mother: Rakhama Bai
Jurisdiction
India
Judgment Date
01 March 1974
Procedural Posture
Civil Appeal / Supreme Court Judgment on Appeal by Certificate From Mysore High Court's Decree Dated 8 April 1964 in Regular Appeal No. 100 of 1958
Outcome
Appeal substantially allowed with modifications to decree of High Court.
Legal Topics
Adoption by Widow, Mitakshara Succession, Partition, Coparcenary Property, Effect of Adoption on Prior Partition, Gifts Inter Vivos, Law of Alienations Prior to Adoption
Hindu Law Family Law Adoption by Widow Mitakshara Succession Partition Coparcenary Property Effect of Adoption on Prior Partition Gifts Inter Vivos +1 more

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Parties

Shripad Gajanan Suthankar

Appellant/second Defendant

Dattaram Kashinath Suthankar

Respondent/plaintiff

Rakhama Bai

Third Defendant/adoptive Mother

Procedural Posture

Civil Appeal / Supreme Court Judgment on Appeal by Certificate From Mysore High Court's Decree Dated 8 April 1964 in Regular Appeal No. 100 of 1958

Legal Issues

  1. 1 Whether an adoption by a widow after a partition in the joint family prior to the Hindu Succession Act, 1956, enables the adopted son to claim a share in the property and challenge a prior partition and antecedent gift
  2. 2 Whether the adopted son is bound by dispositions and alienations effected before his adoption

Ratio Decidendi

An adopted son by a widow under Mitakshara law relates back to the adoptive father's death for the purposes of coparcenary rights. However, any lawful partition or alienation (by gift, will, or sale) prior to the adoption—made in accordance with legal rights then existing—cannot be challenged by the adopted son. For the present case, the adoption entitles the plaintiff to a share as at the 1944 partition date, but the share gifted away by Mahadev to the second defendant is excluded. The properties allotted to the first defendant at the time of adoption (including maintenance allotment) are to be divided equally, one share to the plaintiff.

Court Disposition

Appeal substantially allowed with modifications to decree of High Court.

Orders

  • Decree passed allowing the plaintiff a half share out of the properties allotted to the first defendant under the 1944 partition as were with the first defendant at the date of adoption, including the allotment for maintenance of the third defendant.
  • Directing profits to be paid to the plaintiff on that basis (i.e., his half share in divisible assets).