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december 2006

Supreme Court of India · 2006-12-11

Bhimashya And Ors vs Smt. Janabi @ Janawwa

Citation / case number
AIRONLINE 2006 SC 355
Court
Supreme Court of India
Petitioner
Bhimashya And Ors
Respondent
Smt. Janabi @ Janawwa
Author
Arijit Pasayat
Bench
Arijit Pasayat, Lokeshwar Singh Panta

Judgment text excerpt

The Supreme Court upheld the Karnataka High Court's ruling that the defendants failed to establish the adoption of defendant No.1 by Fakirappa, thus affirming the plaintiff's claim to a share in the ancestral property. The Court clarified that the registered adoption deed did not confer legal validity to the adoption, and the property in question was deemed ancestral, entitling the plaintiff to her rightful share. The judgment emphasized the importance of proving adoption under Hindu law, particularly in matters of property succession.

Bhimashya And Ors vs Smt. Janabi @ Janawwa · Niyam