Supreme Court of India · 2003-09-16
RAJGOPAL (DEAD) BY LRS. vs KISHAN GOPAL
- Citation / case number
- SC 1999/17192
- Court
- Supreme Court of India
- Petitioner
- RAJGOPAL (DEAD) BY LRS.
- Respondent
- KISHAN GOPAL
- Bench
- Y.K. SABHARWAL & B.N. AGRAWAL
Judgment text excerpt
The Supreme Court held that the adoption of Goverdhan Das was valid under the 'Dwyamushyayana' form, which allows an adopted child to retain rights in the estate of the natural parents while acquiring rights in the adoptive father's estate. The Court reversed the Karnataka High Court's decision, restoring the trial court's decree in favor of the plaintiffs, affirming their title and right to possession of the joint family properties. The judgment emphasized the importance of customary law in determining adoption validity and property rights under Hindu law.