Shivagangavva is void. It is well
established proposition of law that no
consequences ensue a void transaction. A void
transaction does not affect the respective ... abundant caution reiterates
this proposition it lays down as :
a) A void adoption does not create any
right or relationship in adoptive
family
obtained for adoption. Therefore, the adoption set up by the defendant is illegal and the registered adoption deed is null and void. The plaintiff ... adoption. In that view of the matter, the finding recorded by the Court below that adoption is invalid and the deed of adoption is void
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 ... shows that the adoption
was contended much prior to 1984. The adoption was on
22.08.1983. Therefore, the plaintiff knew about the
adoption in the year
undertaken an examination of:
i. Whether adoption is recognized under
Muslim personal law.
ii. Whether adoption was under JJ Act .
iii. Whether the deed ... adoption
irrespective of religion. The reliance placed on Shabnam
Hashmi by the respondents to contend that non-
compliance with JJ Act renders adoption void
strength of the adoption deed. According to him, the ceremonies of adoption were not performed and defendant was not given in adoption to Basayya ... undue influence on the deceased Basayya?
2) Whether the said adoption deed is illegal/ void and not binding upon the plaintiff?
3) Whether the plaintiff
provisions
contained in this Chapter, and any adoption made in
contravention of the provisions shall be void ... Section 5 (2) of the Act further declares that an
adoption which is void shall neither create any rights in
the adoptive family in favor
2002 for declaration that the alleged adoption
deed dated 23.03.1961, is null and void and for relief
of injunction.
(v) The suit ... 2002 is for
declaration that the adoption deed is null and void
and that the defendant is not the adopted
adoption deed. It is the case of the
defendants that adoption has taken place after
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RFA No. 100420 of 2017
commencement of Hindu Adoption ... trial court ought to have held that
adoption is void and no right is created for
Tarkeshappa in the Fakirappa family.
Therefore, finding
stated in schedule-B by declaring the adoption
deed dated 31.07.2014 is null and void and for the relief of
permanent injunction restraining the defendant ... Whether the plaintiff proves that the alleged
adoption deed dated 31.07.2014 is null and
void?
5) Whether the plaintiff is entitled for the reliefs
sought
Boyanahalli, died on 29.01.1998, without
natural legal heirs. To prove the adoption, the petitioner
relies upon a unregistered deed dated 20th September ... regard to the alleged adoption
of the petitioner and the said Court has held that the
alleged adoption is void in law and that