Supreme Court Upholds Adopted Son's Status in Property Dispute as Second Adoption by Widow Was Valid Under Hindu Adoptions and Maintenance Act, 1956. Registered Deed and Oral Evidence of Giving and Taking Ceremony Proved Adoption, and Section 12 Severed Ties with Natural Family.

Case Note & Summary

Background: The dispute arose from a property matter involving the adoption of Amaresh Sarkar by Chandan Bilasini Dasi, widow of Kalikrishna Sarkar. Chandan Bilasini Dasi, the original first-plaintiff, had adopted Sudhanshu Mohan Sarkar under authority given by her husband's will, but he died unmarried on 7 March 1965. Thereafter she adopted Amaresh Sarkar on 24 August 1965, after the Hindu Adoptions and Maintenance Act, 1956 had come into force. The adoption was challenged, leading to proceedings up to the Supreme Court. Facts: Kalikrishna Sarkar died on 11 December 1905 leaving a will authorising his widow to adopt a son with consent of executors. The first adopted son died unmarried on 7 March 1965. On 24 August 1965, Chandan Bilasini Dasi adopted Amaresh Sarkar; by then all executors were dead. She executed a registered deed acknowledging adoption on 30 September 1965, though not countersigned by natural parents. The natural father executed a registered deed acknowledging adoption on 15 April 1967. Oral evidence was given by PWs 1, 2 and 6: PW1 natural father, PW2 priest, PW6 attesting witness to the adoption deed and present at ceremony. The first appellate court held the adoption valid, but the Division Bench of the High Court reversed, drawing an adverse inference from the adoptive mother's failure to testify, even though she was 86 years old. Legal Issues: The core questions were whether Amaresh Sarkar was duly adopted under the Hindu Adoptions and Maintenance Act, 1956, and whether the High Court erred in its evidentiary assessment, particularly the adverse inference. Arguments: The appellant contended that oral evidence of the natural father, priest and attesting witness, together with the registered deed of adoption executed by the adoptive mother within a month, established a valid adoption. The respondent's side, as reflected in the High Court's reasoning, questioned the adoption because the adoptive mother did not examine herself and the deed was not countersigned by natural parents. Court's Analysis: The Supreme Court held that the adoption was valid. The Court noted that under the Hindu Adoptions and Maintenance Act, 1956, a widow was entitled to adopt even without relying on her husband's will. It found the oral evidence of the ceremony of giving and taking credible and supported by the registered deed of 30 September 1965. The Court held that the High Court erred in drawing an adverse inference from the non-examination of the 86-year-old adoptive mother, as other eyewitnesses were examined. The Court then explained the effect of adoption under Section 12: the adopted child is deemed the child of the adoptive father or mother for all purposes, ties with the natural family are severed, and relationships in the adoptive family are created. Section 14(4) reinforces that when a widow adopts, the existing or deceased spouse of the adoptive parent is considered the child's father or mother, and a subsequent spouse becomes step-parent. Section 12(c) protects property already vested. Decision: The Supreme Court set aside the impugned judgment insofar as it held that Amaresh Sarkar was not validly adopted. In Civil Appeal No. 2462/1977, the parties agreed that Amaresh Sarkar's status as adopted son is not disputed. In Civil Appeal No. 1245/1977, the sale-deed was declared valid and binding, and respondents were directed to pay Rs.5 lakhs to the appellant in full and final settlement, with 50% by 30 November 1995 and balance by 31 March 1996. No order as to costs.

Headnote

Issue of Consideration

Final Decision

The Supreme Court set aside the impugned judgment insofar as it held that Amaresh Sarkar was not the validly adopted son of Chandan Bilasini Dasi and Kalikrishna Sarkar. It held that the adoption was valid under the Hindu Adoptions and Maintenance Act, 1956. In Civil Appeal No. 2462/1977, the parties agreed that the status of respondent Amaresh Sarkar as adoptive son is not disputed. In Civil Appeal No. 1245/1977, the sale-deed was declared valid and binding, and respondents were directed to pay Rs.5 lakhs to the appellant in full and final settlement, with 50% by 30 November 1995 and balance by 31 March 1996. No order as to costs.

Law Points