- Case
- MAHESH v. SANGRAM (Supreme Court of India, 02-01-2025)
- Law
- Hindu Adoptions and Maintenance Act, Hindu Succession Act, Transfer of Property Act.
Hindu Succession Act, 1956: Section 14(1) is extracted and discussed in relation to a female Hindu's right to absolute property. The court considers whether defendant No.1 became the absolute owner of the property prior to the appellant's adoption on 16.07.1994, based on this provision. The court notes the defendants relied on Section 14(1) to argue defendant No.1 became the absolute owner of the suit properties. Section 13 is extracted, defining computation of degrees for determining order of succession among agnates or cognates.
Hindu Adoptions and Maintenance Act, 1956: Section 16 is discussed in relation to the presumption of valid adoption when a registered adoption deed is produced. The court refers to Mst. Deu and Ors. v. Laxmi Narayan and Ors., stating that the court should presume adoption compliance unless disproved. It also mentions that challenging parties can disprove the adoption through independent proceedings. Section 12(c) is extracted and discussed, stating that an adopted child shall not divest any person of any estate which vested in him or her before the adoption. The defendants relied on Section 12(c) to contend defendant No.1 became the absolute owner of the suit schedule properties by virtue of the adoption.
Transfer of Property Act, 1882: Section 122 is extracted, defining "gift" as the transfer of property made voluntarily and without consideration, accepted by the donee. The court notes that a valid gift requires an offer and acceptance. The court discusses the trial court's finding that the gift deed was null and void due to several reasons, including the lack of delivery of property and the donees' lack of knowledge about the property's possession.
