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
- 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.
- Whether the adopted son was bound by the registered sale deed executed by the adoptive mother.
- 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.
- 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
- Section 16, Hindu Adoptions and Maintenance Act, 1956Following Mst. Deu v. Laxmi Narayan, a registered adoption deed signed by the required persons raises a presumption that the adoption complied with the Act unless disproved; the defendants did not disprove the registered deed, and the adoptive mother admitted the adoption. (¶¶ 16, 20)
- Section 12, clause (c), Hindu Adoptions and Maintenance Act, 1956Quoted for the rule that an adopted child does not divest any person of an estate vested before the adoption; the defendants relied on it with Section 14(1) of the Hindu Succession Act to argue that the widow was absolute owner before the adoption. (¶¶ 17, 18, 19, 21)
- Section 14(1), Hindu Succession Act, 1956Extracted as the provision making property possessed by a female Hindu her absolute property; relied on by the defendants, and the Court proceeded on the basis that the widow had absolute title to the property she sold. (¶¶ 14, 19, 21, 23)
- Section 122, Transfer of Property Act, 1882Read as requiring both an offer and acceptance by or on behalf of the donee in the donor's lifetime; since the donee admitted the donor kept possession until death and he did not know who held the properties, there was in law no acceptance and the gift was invalid. (¶¶ 26, 27, 28, 29)
Held
- Where a registered adoption deed is proved and the adoptive mother herself admits the adoption in her written statement, the adoption stands established; Section 16 of the Hindu Adoptions and Maintenance Act presumes compliance with the Act unless the deed is disproved. (¶¶ 16, 20, 22)
- Under the doctrine of relation back, an adoption by a widow relates back to the date of her husband's death, but all lawful alienations by the previous holder bind the adopted son, and his right to impeach them depends on the capacity of the alienor and the nature of the alienation. (¶¶ 18, 22, 25)
- Since the adoptive mother had absolute right and title to the property covered by the registered sale deed, and the sale was validly made and its execution undisputed, the adopted son was bound by it even though it was executed after his adoption; the concurrent findings upholding the sale required no interference. (¶ 23)
- A valid gift requires an offer and its acceptance; where the gift deed contained a false recital that the donees were the donor's daughter's children, nothing showed delivery of possession, and the donee admitted that the donor remained in possession until her death, there was no acceptance in law and the gift was rightly declared null and void. (¶¶ 27, 28, 29)
- A first appellate court may reappreciate the evidence and substitute its findings, but it cannot set aside a trial court's sound and reasoned finding without giving sustainable reasons; the High Court erred in reversing the finding on the gift deed without detailed discussion, apparently because the deed was registered. (¶ 29)
- With the gift deed void, the trial court correctly held that the adopted son, as sole legal heir of the adoptive mother, was entitled to the entire properties covered by the gift. (¶ 29)
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.