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Showing posts with label SAHEB REDDY Vs. SHARANAPPA & ORS.. Show all posts
Showing posts with label SAHEB REDDY Vs. SHARANAPPA & ORS.. Show all posts
Friday, November 25, 2016

Section 12 of the Adoption Act, it is crystal clear that the property which had been vested in the widow and three daughters of late Shri Sharnappa Gaded in 1957 would not be disturbed because of adoption of defendant no.1, which had taken place on 9th February, 1971. Thus, Smt. Sharnappa had become absolute owner of 1/4th share and Smt. Nagamma, the mother of the plaintiff had also become an owner of 1/4th share of the property belonging to late Shri Sharnappa Gaded.SAHEB REDDY Vs. SHARANAPPA & ORS.

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                                             NON-REPORTABLE                         IN THE SUPREME COURT OF INDIA                       ...
Saturday, November 19, 2016

Section 12 of the Hindu Adoptions and Maintenance Act, 1956 reads as under :- “12 Effects of adoption. - An adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of the adoption and from such date all the ties of the child in the family of his or her birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family: Provided that— (a) the child cannot marry any person whom he or she could not have married if he or she had continued in the family of his or her birth; (b) any property which vested in the adopted child before the adoption shall continue to vest in such person subject to the obligations, if any, attaching to the ownership of such property, including the obligation to maintain relatives in the family of his or her birth; (c) the adopted child shall not divest any person of any estate which vested in him or her before the adoption.”- provisions of Section 12 of the Adoption Act, it is crystal clear that the property which had been vested in the widow and three daughters of late Shri Sharnappa Gaded in 1957 would not be disturbed because of adoption of defendant no.1, which had taken place on 9th February, 1971. Thus, Smt. Sharnappa had become absolute owner of 1/4th share and Smt. Nagamma, the mother of the plaintiff had also become an owner of 1/4th share of the property belonging to late Shri Sharnappa Gaded.-2016 Nov. http://judis.nic.in/supremecourt/imgst.aspx?filename=44311-SAHEB REDDY Vs. SHARANAPPA & ORS.

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                                             NON-REPORTABLE                         IN THE SUPREME COURT OF INDIA                       ...