On January 2, the Supreme Court clarified that the rights of a widow’s adopted child concerning the date of adoption do not impact property rights acquired by the adoptive mother before the adoption. The court held that any transaction made by the adoptive mother regarding property acquired prior to the adoption remains binding on the adopted child, emphasizing the application of Section 12(c) of the Hindu Adoptions and Maintenance Act, 1956 (“HAMA”).
Legal Principle Reaffirmed: Property Acquired Before Adoption
The Court reaffirmed the principle under Section 14(1) of the Hindu Succession Act, 1956 (“HSA”), which grants a female Hindu absolute rights over property acquired by her before the adoption. This provision ensures that any rights she held before adopting a child are preserved post-adoption, and the child does not divest her of these rights under HAMA’s Section 12(c).
The Case Background: Dispute Over Property Rights Post-Adoption
The appeal concerned a dispute over a sale deed executed by the appellant’s adoptive mother in favor of other defendants after the appellant’s adoption in 1994. The appellant contended that his right in the suit property should relate to the date of his adoptive father’s death (1982) under the ‘doctrine of relation back.’ He argued that the sale deed executed post-adoption was invalid, as his consent had not been obtained.
Supreme Court’s Ruling: Pre-Adoption Transactions Remain Binding
The bench, comprising Justices CT Ravikumar and Prashant Kumar Mishra, upheld the Karnataka High Court’s decision that validated the sale deed. The Court reasoned that while the appellant had a right to inherit from the date of his adoptive father’s death, as per the doctrine of relation back, the adopted child could not challenge or divest any lawful transactions made by the adoptive mother prior to the adoption.
The Court referred to Kasabai Tukaram Karvar v. Nivruti (2022), which cited Shripad Gajanan Suthankar v. Dattaram Kashinath Suthankar (1974), affirming that alienations made by the widow before adoption, if lawful and made for legal necessity, are binding on the adopted child.
Doctrine of Relation Back and Validity of Sale Deed
Applying the doctrine of relation back, the Court held that the adoption by the appellant’s adoptive mother would relate back to the death of his adoptive father in 1982. However, the Court stressed that any alienations made by the adoptive mother before the adoption would remain valid. The sale deed executed in 2007 was valid, and the appellant could not challenge it.
The Court observed that, despite the adoption occurring after the sale deed, the adoptive mother had absolute rights over the property, making the sale binding. Consequently, the appellant’s challenge against the sale deed was dismissed.
Final Ruling: Appeal Dismissed
The Supreme Court confirmed the concurrent findings of the lower courts that the sale deed executed in favor of the defendants was valid and that the appellant was not entitled to any share in the property. The appeal was dismissed, with the judgment in SLP (C) No. 10558 of 2024 being upheld.
Case Title: Sri Mahesh v. Sangram & Ors., SLP (C) No. 10558 of 2024
Lawcutor 