Supreme Court of India · 2001-03-26
Smt. Vijayalakshmamma & Anr vs B. T. Shankar
- Citation / case number
- AIR 2001 SUPREME COURT 1424
- Court
- Supreme Court of India
- Petitioner
- Smt. Vijayalakshmamma & Anr
- Respondent
- B. T. Shankar
- Bench
- D.P. Mohapatra, Doraiswamy Raju
Judgment text excerpt
The Supreme Court upheld the Karnataka High Court's decision affirming the decree for partition and separate possession in favor of the respondent-plaintiff, who claimed to be the adopted son of late Nanjappa Rao under customary law. The Court found that the adoption was validly executed and recognized, despite the defendants' claims of a later adoption of their daughter. The Court emphasized the importance of the Adoption Deed and the plaintiff's management of the properties, thereby establishing the principle that a valid adoption confers rights to the adopted child over the estate of the adoptive parent as per customary practices.