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Supreme Court of India 2025-01-02 partly_allowed

Sri Mahesh vs Sangram & Ors

Bench: 2 — C.T. Ravikumar, Prashant Kumar Mishra

In Brief

A widow adopted a son in 1994. She later sold a property in 2007 and gifted two properties in 2008. The adopted son claimed entitlement to half of all properties, challenging both transactions. The trial court declared the gift deed null and void, granting him the gifted properties, but upheld the sale. The High Court reversed this, upholding the gift deed. The Supreme Court held that the widow's adoption relates back to her husband's death, so lawful sales before or after adoption bind the adopted child. However, the gift deed lacked valid acceptance (no property delivery, donee unaware of possession), making it void. The adopted son is entitled to the gifted properties as the widow's sole heir.

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Succession Law Hindu Law Adoption Property Rights Gift Deed Sale Deed Civil Procedure

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