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september 2003

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.

RAJGOPAL (DEAD) BY LRS. vs KISHAN GOPAL · Niyam