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Supreme Court of India 2020-03-06 dismissed

M.VANAJA vs M.SARLA DEVI (DEAD) THROUGH LRS

Bench: 2 — L. Nageswara Rao, Deepak Gupta

In Brief

The appellant sought a declaration that she was the adopted daughter of the respondent and her deceased husband, claiming a right to partition their properties. Although the appellant was brought up as their daughter and recorded as such in school, college, and government records, the trial court and High Court both rejected her claim. The Supreme Court upheld this dismissal, holding that adoption under the Hindu Adoptions and Maintenance Act, 1956 requires strict compliance with statutory conditions: the wife's mandatory consent and proof of the actual adoption ceremony. Mere evidence of being treated as a daughter and documented recognition in official records is insufficient without these statutory formalities. The appeal was dismissed.

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