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april 2004

Supreme Court of India · 2004-04-16

SUBBEGOWDA (DEAD) BY LR. vs THIMME GOWDA (DEAD) BY LRS.

Citation / case number
SC 1998/8353
Court
Supreme Court of India
Petitioner
SUBBEGOWDA (DEAD) BY LR.
Respondent
THIMME GOWDA (DEAD) BY LRS.
Author
R.C. Lahoti
Bench
ASHOK BHAN. R.C. LAHOTI

Judgment text excerpt

The Supreme Court addressed the validity of a settlement deed executed by Thimmegowda in favor of his adopted son Narayani, under which Thimmegowda transferred management rights of his properties. The Court held that the deed was valid as it was executed voluntarily and with clear intent, despite the absence of a male heir. The Court emphasized that the conditions set forth in the deed must be adhered to, and any violation could lead to cancellation of the deed, thereby establishing the principle that adoption does not negate the rights of biological heirs unless explicitly stated.

SUBBEGOWDA (DEAD) BY LR. vs THIMME GOWDA (DEAD) BY LRS. · Niyam