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december 1954

Supreme Court of India · 1954-12-10

GURUNATH alias BHIMAJI vs KAMALABAI, KOM KENCHANGAUDANADGAUDAR AND OTHERS.

Citation / case number
SC 1953/1417
Court
Supreme Court of India
Petitioner
GURUNATH alias BHIMAJI
Respondent
KAMALABAI, KOM KENCHANGAUDANADGAUDAR AND OTHERS.
Bench
MAHAJAN, MEHAR CHAND (CJ),MUKHERJEA, B.K.,DAS, SUDHI RANJAN,BOSE, VIVIAN,BHAGWATI, N.H. & JAGANNADHADAS, B. & AIYYAR, T.L.VENKATARAMA

Judgment text excerpt

The Supreme Court ruled that a widow's power to adopt ceases when a grandson or the son's widow is present and capable of continuing the family line. The court clarified that the authority to adopt is not extinguished merely because the son has attained ceremonial competence. It held that the adopted son cannot claim properties inherited from collaterals prior to adoption, thereby partially overruling the Privy Council's decision in Anant Bhikappa Patil v. Shankar Ramchandra Patil. The judgment followed Shrinivas Krishnarao Kango v. Narayan Devji Kango, establishing important principles regarding adoption under Hindu Law.

GURUNATH alias BHIMAJI vs KAMALABAI, KOM KENCHANGAUDANADGAUDAR AND OTHERS. · Niyam