Supreme Court of India · 2007-04-27
S.T. KRISHNAPPA vs SHIVAKUMAR .
- Citation / case number
- SC 2006/24239
- Court
- Supreme Court of India
- Petitioner
- S.T. KRISHNAPPA
- Respondent
- SHIVAKUMAR .
- Bench
- S.B. SINHA & MARKANDEY KATJU
Judgment text excerpt
The Supreme Court addressed the application of the 'Dvyamushayana' form of adoption in the context of property rights under Hindu law. The Court held that the absence of explicit stipulations in the adoption deed and lack of independent evidence precluded the presumption of such adoption form. Consequently, the appellant's claim to coparcenary rights in the joint family property was denied, affirming the lower courts' decisions based on the validity of the Will executed by the original owner, S.M. Thimadasappa, under Section 92 of the Indian Evidence Act.