VidhiSangh

Supreme Court of India · 01/01/2025

SRI MAHESH versus SANGRAM & ORS

[2025] 1 S.C.R. 62 · 2025 INSC 14

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Summary

A son adopted in 1994 by a childless widow sued for partition and to set aside her later sale and gift of properties she had obtained under a compromise decree. The Supreme Court held that, although his adoption related back to her husband's death, her lawful alienations bound him, so the sale stood; but the gift was void for want of acceptance and delivery of possession, so he took the gifted properties as her sole heir.

Issues

  1. What effect the adoption of the plaintiff by a widow, after her husband's death, had on her alienations of property she had obtained before the adoption under a compromise decree.
  2. Whether the adopted son was bound by the registered sale deed executed by the adoptive mother.
  3. Whether the registered gift deed executed by the adoptive mother was valid when the donees never took possession and the trial court found no acceptance.
  4. Whether the High Court, as first appellate court, could reverse the trial court's reasoned finding on the gift deed without sustainable reasons.

Provisions considered

Held

Result

Appeals partly allowed: the appeal concerning the sale deed was dismissed and the concurrent finding upholding the sale confirmed; the High Court's judgment allowing the donees' first appeal was set aside, restoring the trial court's decree declaring the gift deed void and holding the appellant entitled to the gifted properties as sole heir; no order as to costs.

Judgment PDF: Supreme Court of India, [2025] 1 S.C.R. 62.