DEBI PRASAD (DEAD) RV L.RS. versus TRIBENI DEVI AND ORS.

DEBI PRASAD (DEAD) RV L.RS. versus TRIBENI DEVI AND ORS.

On the evidence adduced, including consistent and continuous treatment for over a quarter of a century by Gopal Das, his relations, and others, as well as documentary evidence (school admission, income tax, nomination papers, admissions by parties), Shyam Behari Lal was the adopted son of Gopal Das. In the absence of evidence to the contrary and considering the great lapse of time since the alleged adoption, the adoption must be taken as valid and proved. The suit filed by Debi Prasad failed as Shyam Behari Lal was entitled to succeed as adopted son.

Parties
Appellant: Debi Prasad (Dead) Rv L.Rs.; Respondents: Triveni Devi and Ors.
Jurisdiction
India
Judgment Date
18 March 1970
Procedural Posture
Civil Appeal / Appeal by Special Leave From the Judgment of the Allahabad High Court, Lucknow Bench
Outcome
Appeal dismissed with costs.
Legal Topics
Adoption, Burden of Proof, Validity of Adoption, Family Law Succession
Hindu Law Adoption Burden of Proof Validity of Adoption Family Law Succession

Case Brief

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Parties

Debi Prasad (Dead) Rv L.Rs.

Appellant

Triveni Devi and Ors.

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From the Judgment of the Allahabad High Court, Lucknow Bench

Legal Issues

  1. 1 Whether Shyam Behari Lal was validly adopted by Gopal Das under Hindu law and entitled to succeed as his son?
  2. 2 What is the burden of proof and standard of evidence required to prove a Hindu adoption, especially when the adoption is ancient and direct evidence is lacking?

Ratio Decidendi

On the evidence adduced, including consistent and continuous treatment for over a quarter of a century by Gopal Das, his relations, and others, as well as documentary evidence (school admission, income tax, nomination papers, admissions by parties), Shyam Behari Lal was the adopted son of Gopal Das. In the absence of evidence to the contrary and considering the great lapse of time since the alleged adoption, the adoption must be taken as valid and proved. The suit filed by Debi Prasad failed as Shyam Behari Lal was entitled to succeed as adopted son.

Court Disposition

Appeal dismissed with costs.