NAMDEV VYANKAT GHADGE AND ANR. versus CHANDRAKANT GANPAT GHADGE AND ORS.

NAMDEV VYANKAT GHADGE AND ANR. versus CHANDRAKANT GANPAT GHADGE AND ORS.

An adopted child is not entitled to claim any share in property already vested in the heirs of a sole surviving coparcener prior to his adoption, as Section 12 proviso (c) of Hindu Adoption and Maintenance Act, 1956 prohibits divesting of any estate already vested before adoption.

Parties
Appellant: Namdev Vyankat Ghadge; Respondent: Chandrakant Ganpat Ghadge
Jurisdiction
India
Judgment Date
25 February 2003
Procedural Posture
Civil Appeal / Appeal From High Court Decision in Second Appeal No. 405 of 1994
Outcome
Appeal allowed
Legal Topics
Adoption, Succession, Coparcenary Property, Divesting of Vested Estate
Hindu Law Succession Law Adoption Succession Coparcenary Property Divesting of Vested Estate

Case Brief

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Parties

Namdev Vyankat Ghadge

Appellant

Chandrakant Ganpat Ghadge

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Decision in Second Appeal No. 405 of 1994

Legal Issues

  1. 1 Whether an adopted child is entitled to claim share in property already vested in heirs of a sole surviving coparcener prior to his adoption

Ratio Decidendi

An adopted child is not entitled to claim any share in property already vested in the heirs of a sole surviving coparcener prior to his adoption, as Section 12 proviso (c) of Hindu Adoption and Maintenance Act, 1956 prohibits divesting of any estate already vested before adoption.

Court Disposition

Appeal allowed

Orders

  • Impugned judgments and decrees of lower courts set aside
  • Suit of plaintiffs-appellants stands decreed