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Supreme Court of India 2020-03-06 dismissed

M. Vanaja vs M. Sarla Devi (Dead)

Bench: 2 — L. Nageswara Rao

In Brief

A woman sought a declaration that she was the adopted daughter of the respondent and her deceased husband, claiming entitlement to partition of his properties. The appellant had been raised by them since childhood after her biological parents died, and school and government records listed the respondent's husband as her father. However, the appellant could not produce evidence of a formal adoption ceremony or proof that the wife had consented to the adoption. The Supreme Court dismissed the suit, holding that under the Hindu Adoptions and Maintenance Act, 1956, adoption requires strict compliance with statutory conditions, including the wife's consent and proof of the actual ceremony of giving and taking. Mere evidence of being brought up and treated as a daughter does not suffice without these formal requirements."

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Family Law Hindu Law Adoption Succession Property Partition Evidence

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