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.