3 weeks ago
High Court: widow's adopted child can inherit deceased husband's property
There was a question in India about children who are adopted after a parent has died.
A woman named Moti Rani adopted a boy named Ramji after her husband Murlidhar had passed away.
Later, a relative named Ram Kripal said Ramji should not be allowed to inherit the family's farmland.
The case went to a big court called the Allahabad High Court.
The judges looked at the adoption papers, which were signed on 2 August 1960.
They also looked at what the Supreme Court of India had decided in similar cases before.
The judges said that when a widow adopts a child, that child is also considered the adopted child of her late husband.
This means Ramji has the same rights as a real son and can inherit his share of the land.
The court dismissed Ram Kripal's challenge, so the earlier decision in Ramji's favor stays.
The Allahabad High Court ruled that a child adopted by a widow after her husband's death is considered adopted by the deceased husband as well and is entitled to inherit his share of the property.
The ruling came while dismissing writ petitions filed by Ram Kripal of Prayagraj, who challenged an order allowing his relative Ramji's entry as a co-sharer in ancestral holdings.
Ramji was adopted by Moti Rani through an adoption deed dated 2 August 1960 and claimed inheritance rights in the ancestral property of his deceased father Murlidhar.
The dispute concerned agricultural plots in the Jawania, Keshavpatti and Atawaria villages in the Meja area of Prayagraj district (then Allahabad district).
A bench led by Justice Chandra Kumar Rai dismissed the petitions on 30 July, citing the Supreme Court's verdict in Sawan Ram vs Kalawanti and the Subhash Misir case, finding no illegality in the consolidation authorities' orders.
- Who
- Ram Kripal of Prayagraj (petitioner) and Ramji, adopted son of Moti Rani and Murlidhar; judgment delivered by a bench led by Justice Chandra Kumar Rai of the Allahabad High Court.
- What
- The High Court ruled that a child adopted by a widow after her husband's death is entitled to inherit the deceased husband's share of property, dismissing Ram Kripal's petitions challenging Ramji's inheritance rights.
- Where
- Allahabad High Court; the disputed agricultural plots are in Jawania, Keshavpatti and Atawaria villages in the Meja area of Prayagraj (then Allahabad district).
- When
- Judgment delivered on 30 July; the lawsuit was filed in 1983 and the adoption deed is dated 2 August 1960.
- Why
- Because under the law, a child adopted by a widow is also considered adopted by her deceased husband, and the consolidation authorities' finding that Ramji was entitled to inherit was upheld by the court.
Key facts
- Court
- Allahabad High Court
- Presiding judge
- Justice Chandra Kumar Rai
- Judgment date
- 30 July
- Petitioner
- Ram Kripal, Prayagraj
- Adopted son
- Ramji, adopted son of Moti Rani and Murlidhar
- Adoption deed
- Dated 2 August 1960
- Disputed land
- Agricultural plots in Jawania, Keshavpatti and Atawaria villages, Meja area, Prayagraj
- Key precedents
- Sawan Ram vs Kalawanti (Supreme Court); Subhash Misir case
Quotes
High Court bench
Allahabad High Court judges reviewing inheritance case
“"There is no dispute about the fact that Consolidation Officer, Settlement Officer of Consolidation and Deputy Director of Consolidation in both the aforementioned writ petition have held that Ramji is adopted son of Murlidhar and Smt. Moti Rani and Ramji is entitled to inherit as adopted son of Murlidhar and Smt. Moti Rani."”
livemint.com
Sources
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