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September 2022

Allied Laws

By Dr. K. Shivaram | Senior Advocate
Rahul K. Hakani | Shashi Bekal | Advocates
Reading Time 6 mins
26 Rajesh Panditrao Pawar and others vs. Parwatibai Bhimrao Bende and another.
AIR 2022 Bombay 172
Date of order: 7th April, 2022
Bench: Shrikant D. Kulkarni, J.

Hindu Succession Act – Adopted son – Adopted by widow – No rights in deceased husband’s property. [Ss. 8, 14, 15, Hindu Succession Act, 1956; S. 12, Hindu Adoption and Maintenance Act, 1956]

FACTS  

Mr. Rajesh Pawar (Original defendant) is the adopted son of Kausalyabai (Original Plaintiff No. 1). The defendant was adopted by Kausalyabai in 1973 after the death of her husband, Sopanrao, in 1965. Parwatibai Bende (Original Plaintiff No. 2) is the daughter of Plaintiff No. 1 from her marriage to Sopanrao.

The defendant sought ½ share in the property of his mother’s deceased husband, Sopanrao.

HELD

The Court referred to section 12 of the Hindu Adoption and Maintenance Act, 1956, which provides that the adoption takes effect from the date of adoption and not prior to adoption. It also referred to clause (c) of the proviso to section 12 of the Hindu Adoption and Maintenance Act, 1956, which provides that the adopted child shall not divest any person of any estate vested in him or her before the adoption. It was held that as per section 8 of the Hindu Succession Act, 1956, there was an intestate succession in 1965 on the demise of Sopanrao.
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