SRI MAHESH versus SANGRAM & ORS

SRI MAHESH versus SANGRAM & ORS

The adoption of the appellant by the widow (defendant No.1) relates back to the date of death of the adoptive father, but all lawful alienations made by the adoptive mother bind the adopted son; the registered sale deed dated 13.12.2007 was a lawful alienation and is binding on the appellant and must be upheld, whereas the registered gift deed dated 27.08.2008 was invalid for lack of delivery/acceptance and the trial Court’s declaration that the gift was null and void and that the appellant is entitled to the entire B and C schedule properties as sole heir is to be restored (High Court’s reversal on the gift was quashed).

Parties
Appellant/plaintiff: Sri Mahesh; Respondents: Sangram & Ors.; Original Defendant No.1 (deceased)/adoptive Mother: Smt. Parvatibai
Jurisdiction
India
Judgment Date
01 January 2025
Procedural Posture
Civil Appeal / Judgment on Appeal (special Leave)
Outcome
Appeal partly allowed
Legal Topics
Relation Back Principle, Effects of Adoption, Validity of Sale Deed, Validity of Gift Deed, Partition, Acceptance and Delivery of Gift
Hindu Succession Adoption Law Transfer of Property Civil Procedure Relation Back Principle Effects of Adoption Validity of Sale Deed Validity of Gift Deed +2 more

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Parties

Sri Mahesh

Appellant/plaintiff

Sangram & Ors.

Respondents

Smt. Parvatibai

Original Defendant No.1 (deceased)/adoptive Mother

Procedural Posture

Civil Appeal / Judgment on Appeal (special Leave)

Legal Issues

  1. 1 Whether adoption by widow (defendant No.1) relates back to date of death of her husband and vests coparcenary rights in the adopted son
  2. 2 Whether alienations (registered sale deed dated 13.12.2007 and registered gift deed dated 27.08.2008) executed by the adoptive mother after adoption are binding on the adopted son and whether they are voidable

Ratio Decidendi

The adoption of the appellant by the widow (defendant No.1) relates back to the date of death of the adoptive father, but all lawful alienations made by the adoptive mother bind the adopted son; the registered sale deed dated 13.12.2007 was a lawful alienation and is binding on the appellant and must be upheld, whereas the registered gift deed dated 27.08.2008 was invalid for lack of delivery/acceptance and the trial Court’s declaration that the gift was null and void and that the appellant is entitled to the entire B and C schedule properties as sole heir is to be restored (High Court’s reversal on the gift was quashed).

Court Disposition

Appeal partly allowed

Orders

  • The concurrent finding of the courts below that the sale deed dated 13.12.2007 in favour of defendant Nos.2 and 3 is valid is confirmed and the appeal against that finding (SLP (C) No.10558 of 2024) is dismissed.
  • The judgment of the High Court in RFA No.100168/2018 is quashed and set aside; the trial Courts judgment and decree declaring the gift deed dated 27.08.2008 null and void and holding the appellant entitled to entire 'B' and 'C' schedule properties as sole heir of deceased defendant No.1 are restored.