Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Hindu Adoption and Maintenance Act 1956-Section 16 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Hindu Adoption and Maintenance Act, 1956-Section 16-Registered document relating to adoption-Statutory presumption that adoption made in accordance with law-Whether such, presumption rebuttable-Held, such presumption arising from adoption deed can be rebutted by evidence available on record-On fact, no specific ceremonies of adoption nor any evidence tendered pertaining to adoption-Thus presumption is rebuttable. Constitution of India-Article 136-Special leave jurisdiction-Reappreciation of evidence-Scope of-Held. is permissible in very exceptional cases and on extreme perversity. Respondent-natural daughter of deceased filed suit for declaration that she was the owner of the property left by her father. She alleged that the decree passed in civil suit instituted earlier and registered will alleged to have been executed by her father together with the Adoption Deed recording that appellant had been adopted by her father were illegal and thus not binding on her. Trial Court decreed the suit. Aggrieved, appellant filed appeal which was dismissed. High Court also dismissed the appeal thus negating the adoption.Hence the present appeal. The question that arose for consideration is whether presumption envisaged under Section 16 of Hindu Adoption and Maintenance Act, 1956 in respect of a registered document pertaining to adoption that the adoption has been made in accordance with law is irrebuttable. |
Judge | Hon'ble Mr. Justice U.C. Banerjee |
Neutral Citation | 2002 INSC 141 |
Petitioner | Jai Singh |
Respondent | Shakuntala |
SCR | [2002] 2 S.C.R. 431 |
Judgement Date | 2002-03-14 |
Case Number | 9469 |
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