Sale Deed Executed by Adoptive Mother for Pre-Adoption Property is Binding on Adopted Child : Supreme Court
In the case of Sri Mahesh Versus Sangram & Ors., the Supreme Court held that while the rights of a widow's adopted child are effective from the adoptive father's death, they do not affect the rights she acquired before the adoption. Specifically, any transactions made by the adoptive mother concerning property she acquired before the adoption remain binding on the adopted child.
The Court emphasized that property acquired by a female Hindu before adoption remains her absolute property under Section 14(1) of the Hindu Succession Act, 1956, and adoption under Section 12(c) of the Hindu Adoptions and Maintenance Act, 1956, does not alter such pre-adoption rights.
The case involved an appeal against the Karnataka High Court’s decision, which upheld the sale deed executed by the appellant’s adoptive mother in favor of other defendants after the adoption. The appellant, adopted in 1994, argued that his rights to the property should relate back to the date of his adoptive father’s death in 1982, under the 'doctrine of relation back.' He claimed the sale deed was invalid as his consent was not obtained prior to the sale.
The Supreme Court affirmed the High Court's decision, asserting that the appellant could not challenge his adoptive mother's rights over the property acquired before his adoption. The Court referred to previous cases and reinforced that any lawful alienations made before adoption, such as those made by the adoptive mother for legal necessity, remain binding on the adopted child. Therefore, the appeal was dismissed, confirming the validity of the sale deed executed on 13.12.2007 and the appellant's lack of entitlement to the property.