K RISHNAMURTHI VASUDEORAO DESHPANDE AND ANR. versus DHRUWARAJ

K RISHNAMURTHI VASUDEORAO DESHPANDE AND ANR. versus DHRUWARAJ

The right of an adopted son under Hindu law relates back to the date of death of the adoptive father, entitling him to divest heirs who took the property subject to defeasance by possible adoption. Succession by collaterals remains defeasible so long as the possibility of adoption by a widow subsists. Accordingly, the appellants' title was defeasible and the respondent as adopted son could divest them.

Parties
Appellant: Krishnamurthi Vasudeorao Deshpande; Respondent: Dhruvraj
Jurisdiction
India
Judgment Date
05 May 1961
Procedural Posture
Civil Appeal / Supreme Court Appeal From Bombay High Court Judgment Dated August 17, 1954
Outcome
Appeal dismissed
Legal Topics
Adoption, Coparcenary, Inheritance, Defeasance of Title
Hindu Law Property Law Adoption Coparcenary Inheritance Defeasance of Title

Case Brief

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Parties

Krishnamurthi Vasudeorao Deshpande

Appellant

Dhruvraj

Respondent

Procedural Posture

Civil Appeal / Supreme Court Appeal From Bombay High Court Judgment Dated August 17, 1954

Legal Issues

  1. 1 Whether an adopted son can divest the heirs of properties of his adoptive father and grandfather upon his adoption
  2. 2 Whether the principle of relation-back applies to inheritance that has vested in heirs prior to adoption

Ratio Decidendi

The right of an adopted son under Hindu law relates back to the date of death of the adoptive father, entitling him to divest heirs who took the property subject to defeasance by possible adoption. Succession by collaterals remains defeasible so long as the possibility of adoption by a widow subsists. Accordingly, the appellants' title was defeasible and the respondent as adopted son could divest them.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs