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april 2007

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.

S.T. KRISHNAPPA vs SHIVAKUMAR . · Niyam