Hindu Succession Act, 1956, Section 14, Transfer of Property Act, 1882, Section 8 -- Gift deed - Intention of donor - Suit property gifted by donor to his wife with statement that expenses of marriages of daughters would be taken care of from suit property and wife has no right to alienate suit property - Further, there is specific stipulation in gift deed that after death..........
Civil Procedure Code, 1908, Section 10 -- Stay of subsequent suit - Earlier suit for declaration and cancellation of adoption deed decreed ex parte - Proceedings U.O.9.R.13 CPC which are under revision cannot be said to be continuation of suit proceedings - Application moved for staying subsequent suit of cancellation of Will with regard to same facts or issues due to..........
Hindu Adoptions and Maintenance Act, 1956, Section 16, Registration Act, 1908, Section 17 -- Adoption - Registered adoption deed - Relinquishment of adoption deed cannot nullify registered adoption deed, though, it can be taken as a ground in suit to seek cancellation of registered adoption deed and therein, to refer other documents to show that adoption was not given..........
Specific Relief Act, 1963, Section 34 -- Suit for declaration regarding adoption - Not required to be filed by a person having registered adoption deed...........
Mutation proceedings -- Challenge as to adoption deed - Registered adoption deed cannot be questioned in mutation proceedings which are fiscal in nature...........
Hindu Adoptions and Maintenance Act, 1956, Section 16, Evidence Act, 1872, Section 102 -- Adoption - Challenge thereto - Burden of proof to challenge adoption deed and proving that it was not properly executed was upon plaintiff - Plaintiff however, failed to explain satisfactorily as to why she put her signatures on document, despite being suspicious about it - Moreover,..........
Hindu Adoptions and Maintenance Act, 1956, Section 16 -- Adoption deed - Presumption - Nothing on record to prove that consent of natural mother of adoptee was taken - No evidence on record that ceremony of giving and taking was performed - In the absence of giving and taking ceremony, adoption cannot be said to be valid - Even no evidence on record to prove that adoptee..........
Hindu Adoptions and Maintenance Act, 1956, Section 6 -- Adoption deed/memorandum of adoption - Not required to be attested by attesting/marginal witnesses as per provisions of the Act...........
Hindu Adoptions and Maintenance Act, 1956, Section 6, 7, 9, 16 -- Registered adoption deed - Act does not prescribe for performance of a particular ceremony for validly carrying out a adoption - Adoption can take place on natural parents giving child in adoption to adoptive parents - More so, a presumption of correctness is available to registered documents relating to..........
Hindu Adoptions and Maintenance Act, 1956, Section 4, 10(iii), (iv) -- Customary adoption - Plea of fraud and undue influence - Not available to plaintiff who is stranger to adoption deed - Moreover, no evidence adduced by plaintiff to prove plea of fraud and undue influence - Plea rejected...........
