Supreme Court of India · 2013-04-17
Harnek Singh vs Pritam Singh & Ors
- Citation / case number
- AIR 2013 SUPREME COURT 3789
- Court
- Supreme Court of India
- Petitioner
- Harnek Singh
- Respondent
- Pritam Singh & Ors
- Author
- M.Y.Eqbal
- Bench
- M.Y. Eqbal
Judgment text excerpt
The Supreme Court upheld the dismissal of the plaintiff's appeal regarding the validity of a gift deed executed by Sarup Singh in favor of defendants 2 and 3, affirming that the plaintiff, claiming to be the adopted son, failed to prove the adoption under Hindu law. The Court emphasized that the burden of proof lies on the party asserting the adoption, as per the principles established in Section 16 of the Hindu Adoption and Maintenance Act, 1956. The Court held that the gift deed was valid and executed voluntarily, thus dismissing the plaintiff's claims.