Registering an adoption deed alone does not exempt an individual from substantiating the fact of adoption with compelling evidence : Supreme Court
In the case of Moturu Nalini Kanth v. Gainedi Kaliprasad, the Supreme Court examined a situation where a 70-year-old woman, Venkubayamma, allegedly adopted a child less than a year old, Nalini Kanth, just two months before her demise. The adoptee claimed that Venkubayamma, through a registered Adoption Deed and a subsequent Will, had bequeathed all her properties to him.
Despite the registration of the Adoption Deed, the court emphasized that the presumption arising from it, as per Section 16 of the Hindu Adoptions and Maintenance Act, 1956, is rebuttable. The court meticulously evaluated the circumstances and expressed skepticism about the adoption's believability, citing various suspicious factors.
The court highlighted the absence of the essential 'giving and taking' ceremony for adoption, a requirement under Section 11(vi) of the 1956 Act, and questioned the practicality of expecting a toddler to perform posthumous ceremonies for a 70-year-old adoptive mother. The court ruled that the claimant failed to prove the adoption in accordance with the law, negating any entitlement to the deceased woman's properties.
Additionally, the court remarked that the Will lacked proper legal proof and did not confer any rights upon the adoptee. The judgment underlined the need for substantial evidence to substantiate claims of adoption, even when supported by a registered document.