Inheritance Rights of Sons Born Before Adoption: Supreme Court Clarifies Legal Position
The case of Kalindi Damodar Garde (D) by LRS. vs. Manohar Laxman Kulkarni (D) by LRS. & Ors. deals with a significant legal question regarding the inheritance rights of sons born before the adoption of their father. The Supreme Court examined whether such sons could claim rights in the adoptive family’s property after the father’s death.
The case arose from a dispute over property rights following the death of Laxman, who had been adopted in 1935. The key question was whether his three sons, born before his adoption, could inherit property in the adoptive family after his demise.
Background of the Case
Laxman was adopted by Saraswati on November 2, 1935. At the time of adoption, he already had three sons: Gangadhar (4 years 5 months), Dattatraya (2 years 5 months), and Manohar (9 months). After adoption, Laxman, his wife Padmavati, and their sons moved to the adoptive family.
In 1938, Laxman and Padmavati had a daughter, Kalindi. In 1948, Laxman’s biological father, Pandurang, partitioned his property, excluding Laxman due to his adoption. However, after Saraswati’s death, Laxman inherited her estate, which became the subject of this legal dispute.
Arguments by the Petitioner
The petitioners, led by Kalindi, argued:
- The sons born before adoption had no right, title, or interest in Laxman’s estate.
- As Laxman’s biological daughter, she was the rightful heir under Hindu Succession Act, 1956.
- Since Laxman had been legally adopted, his sons born before adoption remained part of his natural family and could not claim inheritance in the adoptive family.
Arguments by the Respondent
The respondents, including Manohar, contended:
- The Hindu Succession Act does not differentiate between sons born before or after the father’s adoption.
- All of Laxman’s children had full inheritance rights.
- The 1939 ruling in Kalgavda Tavanappa Patil v. Somappa Tamangavda Patil recognized the rights of sons born before adoption.
- Laxman’s biological father’s partition had no effect on their inheritance rights in the adoptive family.
Supreme Court’s Key Observations
The Supreme Court extensively analyzed the Hindu Succession Act and made several crucial observations:
- The Act overrides all previous Hindu law customs and traditions.
- The definition of an heir under the Act does not exclude sons born before the father’s adoption.
- The adoptive father’s property must devolve upon all legal heirs, including children born before adoption.
- Previous rulings in cases like Martand Jiwajee Patil v. Narayan Krishna Gumast-Patil support the claim that sons born before adoption retain inheritance rights.
Important Judicial Statements
The Supreme Court emphasized:
“The paternity of a father cannot be extinguished by adoption. Sons born before adoption continue to be his legitimate heirs.”
Further, the Court ruled:
“The Hindu Succession Act does not differentiate between children born before or after a father’s adoption. All legitimate children inherit equally.”
Final Verdict
The Supreme Court dismissed the appeal and upheld the rights of Laxman’s sons to inherit property in his adoptive family. The judgment clarifies inheritance laws and protects the rights of children born before a father’s adoption.
Petitioner Name: Kalindi Damodar Garde (D) by LRS..Respondent Name: Manohar Laxman Kulkarni (D) by LRS. & Ors..Judgment By: Justice L. Nageswara Rao, Justice Hemant Gupta.Place Of Incident: Maharashtra.Judgment Date: 07-02-2020.
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