Supreme Court of India · 2001-03-26
VIJAYALAKSHMAMMA vs B.T. SHANKAR
- Citation / case number
- SC 1998/15076
- Court
- Supreme Court of India
- Petitioner
- VIJAYALAKSHMAMMA
- Respondent
- B.T. SHANKAR
- Author
- DORAISWAMY RAJU. D.P. MOHAPATRA
- Bench
- DORAISWAMY RAJU. D.P. MOHAPATRA
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, who claimed to be the adopted son of late Nanjappa Rao under customary law. The Court emphasized that the adoption was valid as evidenced by an Adoption Deed and subsequent entries in revenue records, thereby establishing the plaintiff's rights over the suit properties. The Court rejected the defendants' claims regarding the adoption of their daughter and the validity of their documents, affirming the plaintiff's entitlement to 3/4th share in the properties as per the provisions of the Hindu Adoption and Maintenance Act, 1956.