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march 2001

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.

Smt. Vijayalakshmamma & Anr vs B. T. Shankar · Niyam