VidhiSangh

Supreme Court of India · 07/02/2020

KALINDI DAMODAR GARDE (D) BY LRS. versus MANOHAR LAXMAN KULKARNI (D) BY LRS. & ORS. ETC.

[2020] 2 S.C.R. 632 · 2020 INSC 144

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Summary

The Supreme Court held that sons born before their father’s adoption were not excluded from succession to his estate merely because of that adoption. Succession opened after the Hindu Succession Act came into force and was governed by its provisions, which did not create the proposed exclusion. Adoption did not extinguish the children’s blood relationship with their father; the daughter born after adoption could not claim exclusive inheritance with their mother on that basis.

Issues

  1. Whether children born before their father’s pre-1956 adoption could inherit his property when succession opened after commencement of the Hindu Succession Act.

Provisions considered

Held

Result

Appeals dismissed; Bombay High Court judgment upholding the pre-adoption sons’ inheritance rights affirmed.

Judgment PDF: Supreme Court of India, [2020] 2 S.C.R. 632.