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january 2011

Supreme Court of India · 2011-01-12

Ghisalal vs Dhapubai (D) By Lrs

Citation / case number
AIR 2011 SUPREME COURT 644
Court
Supreme Court of India
Petitioner
Ghisalal
Respondent
Dhapubai (D) By Lrs
Author
G.S. Singhvi
Bench
G.S. Singhvi, Asok Kumar Ganguly

Judgment text excerpt

The Supreme Court addressed whether the mere presence of Dhapubai during the adoption ceremonies of Ghisalal by Gopalji constituted consent under the proviso to Section 7 of the Hindu Adoptions and Maintenance Act, 1956. The Court held that mere presence does not equate to consent, emphasizing that valid consent must be explicit and informed. The judgment of the Madhya Pradesh High Court was modified, affirming that Ghisalal's adoption was not valid due to lack of consent from Dhapubai, thereby impacting the rights to the ancestral properties.

Ghisalal vs Dhapubai (D) By Lrs · Niyam