GURUNATH ALIAS BHIMAJI versus KAMALABAI, KOM KENCHANGAUDA NADGAUDAR AND OTHERS

GURUNATH ALIAS BHIMAJI versus KAMALABAI, KOM KENCHANGAUDA NADGAUDAR AND OTHERS

The power of a widow to adopt is extinguished upon the interposition of a grandson or the son's widow competent to continue the line, and this power does not revive after the grandson's or son's widow's subsequent death. The rule has become a settled part of Hindu Law based on both justice and authority, notwithstanding absence of direct textual support from the Shastras.

Parties
Appellant: Gurunath alias Bhimaji; Respondents: Kamalabai, Kom Kenchangaunda Nadgaudar and others
Jurisdiction
India
Judgment Date
10 December 1954
Procedural Posture
Civil Appeal / Supreme Court Appeal by Special Leave From High Court Judgment
Outcome
Appeal dismissed
Legal Topics
Adoption, Widow's Power to Adopt, Devolution of Property
Hindu Law Adoption Widow's Power to Adopt Devolution of Property

Case Brief

Summary, issues, holding and outcome

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Parties

Gurunath alias Bhimaji

Appellant

Kamalabai, Kom Kenchangaunda Nadgaudar and others

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appeal by Special Leave From High Court Judgment

Legal Issues

  1. 1 Whether a widow can exercise a power of adoption after the interposition of a grandson or son's widow competent to continue the line
  2. 2 Whether the widow's power to adopt revives after the death of the grandson or son's widow

Ratio Decidendi

The power of a widow to adopt is extinguished upon the interposition of a grandson or the son's widow competent to continue the line, and this power does not revive after the grandson's or son's widow's subsequent death. The rule has become a settled part of Hindu Law based on both justice and authority, notwithstanding absence of direct textual support from the Shastras.

Court Disposition

Appeal dismissed

Orders

  • Appeal fails and is dismissed
  • No order as to costs