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1 - 10 of 12 (4.23 seconds)Section 16 in The Hindu Adoptions And Maintenance Act, 1956 [Entire Act]
Section 30 in The Hindu Adoptions And Maintenance Act, 1956 [Entire Act]
Section 30 in The Hindu Succession Act, 1956 [Entire Act]
The Indian Succession Act, 1925
Madhusudan Das vs Smt. Narayani Bai And Others on 25 November, 1982
In the case of Madhusudan Das v. Narayani
Bai, reported in AIR 1983 Supreme Court 114, Their Lordships of the Supreme
Court have held that a person who seeks to displace the natural succession to
property by alleging an adoption must discharge the burden that lies upon him
by proof of the factum of adoption and its validity. They further held that
the proof shall be free from all suspicion of fraud and so consistent and
probable as to give no occasion for doubting its truth. The fact of adoption
must be proved in the same way as any other fact. Here, in the case on hand,
as said earlier, the factum of adoption, other conditions, ceremonies,
performance etc., were spoken to by P. Ws.1 to 3 and in addition to the same,
Ex.A-2-adoption deed has been duly registered. In such a circumstance, we are
satisfied that requisite conditions were fulfilled in adopting first plaintiff
as adopted son of Arumugha Mudaliar.
Section 68 in The Indian Evidence Act, 1872 [Entire Act]
The Hindu Succession Act, 1956
Govinda vs Chimabai And Ors. on 20 December, 1967
20. The statement of law made by the Division Bench of the Mysore High Court
in Govinda v. Chimabai, reported in AIR 1968 Mysore 309 relating to proof of
adoption is relevant: (paa 18)
"18. The law relating to the proof of adoption is that the person claiming to
be an adopted son must prove the factum of his adoption by cogent and reliable
evidence, and where the adopter denies the adoption, the onus is still heavier
on the plaintiff to establish his adoption and its validity.
Shri Kishori Lal vs Mst. Chaltibai on 1 December, 1958
This is what the
Supreme Court states in Kishori Lal v. Mt. Chaltibai, AIR 1959 SC 504.