Saheb Reddy v. Sharanappa and Others

The Hon’ble Supreme Court of India, in Saheb Reddy v. Sharanappa and Others (2016), reaffirmed a vital principle under Hindu adoption law, namely that an adopted child cannot disturb property rights already vested in others before the adoption. This judgment offers crucial clarity on Section 12 of the Hindu Adoptions and Maintenance Act, 1956.

In this case, Defendant 1, an adopted son, sought a share in ancestral property that had already been partitioned and vested in other family members before his adoption in 1971. The Hon’ble Karnataka High Court rejected his claim, and the Hon’ble Supreme Court upheld this decision, emphasizing that adoption does not have a retrospective effect on previously settled property rights.

The Court interpreted Section 12 of the Act, which clearly states that adoption shall not divest any person of an estate that was vested in them before the adoption. Thus, while an adopted child acquires the same rights as a biological child in the adoptive family from the date of adoption, they cannot claim interests in property distributed or vested before that date.

This ruling has far-reaching implications in safeguarding the finality of past transactions and inheritance distributions. It prevents the misuse of adoption to reopen settled estates or challenge legitimate succession.

The judgment is a strong precedent ensuring stability in property rights and succession law, maintaining that while adoption grants legal standing, it must respect rights that have already vested.

Source

https://indiankanoon.org/doc/173766255/