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Supreme Court of India 2019-05-02 partly_allowed

PHAREZ JOHN ABRAHAM(DEAD) BY LRS vs ARUL JOTHI SIVASUBRAMANIAM K. AND ORS. ETC. ETC

Bench: 2 — Arun Mishra, M.R. Shah

In Brief

A Christian intestate (John D. Abraham) died in 1964, leaving property and four children, including an adopted daughter and adopted son. One daughter later converted to Hinduism and married a Hindu, accepting monetary settlement for relinquishing her share. After her death in 1986, her Hindu heirs sued for partition, claiming her share. The trial court dismissed the suit, finding she had relinquished her claim. The High Court allowed the appeal. The Supreme Court partly allowed the appeals: while the Hindu heirs' claim was rejected (based on relinquishment), the adopted children were held entitled to equal shares alongside the surviving natural child, on the principle that adoption creates full succession rights under Christian law.

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Property Law Succession Law Partition Adoption Christian Law Family Settlement Limitation

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