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PETITIONER: GURUNATH alias BHIMAJI
Vs.
RESPONDENT: KAMALABAI, KOM KENCHANGAUDANADGAUDAR AND OTHERS.
DATE OF JUDGMENT: 10/12/1954
BENCH: MAHAJAN, MEHAR CHAND (CJ) BENCH: MAHAJAN, MEHAR CHAND (CJ) MUKHERJEA, B.K. DAS, SUDHI RANJAN BOSE, VIVIAN BHAGWATI, NATWARLAL H. JAGANNADHADAS, B. AIYYAR, T.L. VENKATARAMA
CITATION: 1955 AIR 206 1955 SCR (1)1135
ACT: Hindu Law-Adoption-Widow’s power to adopt-When such power terminates.
HEADNOTE: It is well-settled according to Hindu Law that a widow’s power to adopt comes to an end by the interposition of a grandson or the son’s widow competent to continue the line by adoption. The mother’s authority to adopt is not extinguished by the mere fact that her son had attained ceremonial competence. The power to adopt does not depend upon any question of vesting or divesting of property. The decision of the Judicial Committee of the Privy Council in Anant Bhikappa Patil v. Shankar Ramchandra Patil (L.R. 70 I.A. 232) is not sound in so far as it relates to the properties inherited from collaterals prior to adoption. In respect of such properties the adopted son can lay no claim on the ground of relation back. Shrinivas Krishnarao Kango v. Narayan Devji Kango ([1955] 1 S.C.R. 1), followed. Amarendra Mansing v. Sanatan ([1933] L. R. 60 I. A. 242), explained. Anant Bhikappa Patil v. Shankar Ramchandra ‘Patil ([1943] L.R....