UGRE GOWDA versus NAGEGOWDA (DEAD) BY LRS. AND ORS.

UGRE GOWDA versus NAGEGOWDA (DEAD) BY LRS. AND ORS.

Adoption of a son by a Hindu widow does not divest her of the suit property that vested in her by succession on the death of her husband; mere adoption does not deprive the widow of her right to dispose of her own disposable property. The so-called adoption-cum-settlement deed (Ex.P-1) was not a valid conveyance as it was unstamped, failed to identify the suit property, and lacked valuation. Therefore, no right, title, or interest was transferred to the plaintiff. Further, the plea that the suit property was coparcenary cannot be entertained at this stage since no question of law was framed on that issue in second appeal.

Parties
Appellant: Ugre Gowda; Respondent No. 1: Nagegowda (Dead) by LRs; Respondent No. 2: Defendant No. 2; Respondent No. 3: Defendant No. 1 (Smt. Sannananjamma)
Jurisdiction
India
Judgment Date
27 July 2004
Procedural Posture
Civil Appeal / Appeal by Special Leave From a High Court Decision
Outcome
Appeal allowed
Legal Topics
Adoption and Property Rights of Hindu Widows, Validity of Settlement and Gift Deeds, Challenge to Transfer of Property by Adopted Sons, Procedural Bar in Second Appeal on Coparcenary Property Issues
Hindu Law Property Law Civil Procedure Adoption and Property Rights of Hindu Widows Validity of Settlement and Gift Deeds Challenge to Transfer of Property by Adopted Sons Procedural Bar in Second Appeal on Coparcenary Property Issues

Case Brief

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Parties

Ugre Gowda

Appellant

Nagegowda (Dead) by LRs

Respondent No. 1

Defendant No. 2

Respondent No. 2

Defendant No. 1 (Smt. Sannananjamma)

Respondent No. 3

Procedural Posture

Civil Appeal / Appeal by Special Leave From a High Court Decision

Legal Issues

  1. 1 Whether adoption of plaintiff as son divested the widow of suit property vested in her by succession
  2. 2 Whether the adoption-cum-settlement deed (Ex.P-1) legally transferred title of suit property to plaintiff
  3. 3 Whether the gift deed executed by the widow to defendant no. 2 was null and void

Ratio Decidendi

Adoption of a son by a Hindu widow does not divest her of the suit property that vested in her by succession on the death of her husband; mere adoption does not deprive the widow of her right to dispose of her own disposable property. The so-called adoption-cum-settlement deed (Ex.P-1) was not a valid conveyance as it was unstamped, failed to identify the suit property, and lacked valuation. Therefore, no right, title, or interest was transferred to the plaintiff. Further, the plea that the suit property was coparcenary cannot be entertained at this stage since no question of law was framed on that issue in second appeal.

Court Disposition

Appeal allowed

Orders

  • Judgment and decree of the High Court set aside
  • Judgment and decree of the lower appellate court restored