declaration that the said adoption deed is null and void, within three years of adoption and deed of adoption as per Article 59 of Limitation ... respondents filed suit after 12 years of the adoption and deed of adoption for declaration that the adoption deed is null and void
declaration that the said adoption deed is null and void, within three years of adoption and deed of adoption as per Article 59 of Limitation ... respondents filed suit after 12 years of the adoption and deed of adoption for declaration that the adoption deed is null and void
declaration of adoption and (ii) general
treatment of the appointed heir as a son. A mere
declaration or even the execution of a deed ... necessary for adoption are,
firstly, a declaration of adoption and, secondly, general
treatment of the appointed heir as a son. A mere
declaration or even
institution of a suit for
declaration as void of the adoption and for cancellation of the
adoption deed vis-a-vis the plaintiff. However ... relation to the registered adoption deed is, in fact, seeking relief premised on
the fact that the adoption deed is void. He submits that
suit for partition of the immoveable
property, injunction and for declaration of adoption deed dated
16.06.1992 as nullity. By the said adoption deed, late Shivram ... registered adoption deed
dated 16.06.1992. In order to assail adoption deed, the appellant
has averred in the plaint that the said adoption deed was executed
suit properties, this suit was filed by the plaintiff for
declaration that adoption deed dated 23.3.1961 is
null and vold, same is not binding ... said relief. The
claim of declaration is an alternative relief assuming that
the suit for declaration that the adoption deed dated
23.03.1961 is held
adoption deed and even in WILL on which plaintiff was staking
his claim, there was mention about adoption. It was submitted
adoption deed was registered ... based on adoption deed nor plaintiff sought for declaration that
adoption deed was null and void or for its cancellation. It took
note of fact
adoption was
in accordance with law. It was specifically contended that
the adoption took place on 15.08.1983 and the adoption
deed was executed ... adoption.
29. It is also necessary to note that the plaintiff has
approached the Court with a prayer seeking declaration
that the adoption deed
Oraon for declaration of their right,
title and interest in the suit schedule properties and for a
declaration that deed of adoption dated 25.07.1966 executed ... plaintiffs
primarily for their declaration of right, title and interest over the
suit properties and for a declaration that adoptiondeed dated
Date of pronouncing Order : 31.07.2024
SUIT FOR CANCELLATION AND DECLARATION OF THE
ADOPTION DEED DATED 13.01.2009 AND FOR
PERMANENT INJUNCTION.
JUDGMENT
1. Vide this judgment ... deed but if a non-executant seeks annulment of the deed, he has
to seek a declaration that the deed is invalid
