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april 1968

Supreme Court of India · 1968-04-19

RAJ KUMAR MOHAN SINGH & ORS. vs RAJ KUMAR PASUPATINATH SARAN SINGH & ORS.

Citation / case number
SC 1965/313
Court
Supreme Court of India
Petitioner
RAJ KUMAR MOHAN SINGH & ORS.
Respondent
RAJ KUMAR PASUPATINATH SARAN SINGH & ORS.
Bench
SHAH, J.C.

Judgment text excerpt

The Supreme Court interpreted the Oudh Estates Act, 1869, holding that the adopted son, B, was deemed to have succeeded to the estate under Section 13(1) despite the will being executed less than three months before S's death. The Court affirmed that the widow, J, retained her title to the estate under Section 22(7) and that B's adoption did not affect her rights. The Court also clarified that adverse possession claims against J were not valid while the estate was managed by the Court of Wards or B, and Section 43 of the Transfer of Property Act only applies to transfers for consideration.

RAJ KUMAR MOHAN SINGH & ORS. vs RAJ KUMAR PASUPATINATH SARAN SINGH & ORS. · Niyam