DINAJI AND ORS. versus DADDI AND ORS.

DINAJI AND ORS. versus DADDI AND ORS.

The widow, having become absolute owner by virtue of the Hindu Succession Act, could not be deprived of her rights in the property merely by adoption. An unregistered deed conferring immediate rights to the adopted son and divesting the widow falls within Section 17(1)(b) and is inadmissible under Section 49 as it was not registered.

Parties
Appellants: Dinah and Ors.; Respondents: Dadd! and Ors.
Jurisdiction
India
Judgment Date
10 November 1989
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave
Outcome
Appeal allowed
Legal Topics
Hindu Adoptions and Maintenance, Widow's Property Rights, Registration Requirements, Adoption Effects
Family Law Property Law Registration Law Hindu Adoptions and Maintenance Widow's Property Rights Registration Requirements Adoption Effects

Case Brief

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Parties

Dinah and Ors.

Appellants

Dadd! and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave

Legal Issues

  1. 1 Whether a Hindu widow is deprived of her rights in her husband's property upon adoption of a son
  2. 2 Whether an unregistered document creating rights in adopted son to immovable property and divesting mother of property is admissible in evidence

Ratio Decidendi

The widow, having become absolute owner by virtue of the Hindu Succession Act, could not be deprived of her rights in the property merely by adoption. An unregistered deed conferring immediate rights to the adopted son and divesting the widow falls within Section 17(1)(b) and is inadmissible under Section 49 as it was not registered.

Court Disposition

Appeal allowed

Orders

  • Judgments of the High Court and lower appellate court set aside
  • Judgment of the trial court restored