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may 1961

Supreme Court of India · 1961-05-05

KRISHNAMURTHI VASUDEORAO DESHPANDE AND ANR. vs DHRUWARAJ

Citation / case number
SC 1957/60187
Court
Supreme Court of India
Petitioner
KRISHNAMURTHI VASUDEORAO DESHPANDE AND ANR.
Respondent
DHRUWARAJ
Bench
DAYAL, RAGHUBAR

Judgment text excerpt

The Supreme Court held that upon adoption, the respondent Dhruvraj divested the appellants of the properties belonging to his adoptive father and grandfather. The Court clarified that the title of property held by a collateral heir is defeasible upon adoption, meaning that the adoptive son inherits the property absolutely but subject to the possibility of defeasance. The judgment applied the principle from Shrinivas Krishnarao Kango v. Narayan Devji Kango (1955) 1 S.C.R. 1, while disapproving the ruling in Ramchandra Hanmant Kulkarni v. Balaji Datto Kulkarni, I.L.R. 1955 Bom. 837.

KRISHNAMURTHI VASUDEORAO DESHPANDE AND ANR. vs DHRUWARAJ · Niyam