SC dismisses adoption deed in property dispute, says meant to oust daughters from rightful inheritance

Supreme Court rejects adoption deed in property dispute, citing lack of mandatory requirements and calculated move to deprive daughters.

The Supreme Court has refused to interfere with an order of the Allahabad High Court discarding the adoption deed of a man in a property dispute case, saying it was a calculated move to deny the daughters of their rightful inheritance of their father's estate.

The high court, which also apologised for over four decades of delay in deciding the question of the validity of the adoption deed filed in 1983, also said that the mandatory requirement that a person who adopts a child must have the consent of his wife was absent.

Shiv Kumari Devi and Harmunia were daughters of now-deceased Bhuneshwar Singh, a resident of Uttar Pradesh. Petitioner Ashok Kumar had claimed that he was adopted by Singh from his biological father Subedar Singh in a ceremony and a photograph was produced before the court. Kumar has staked a claim in the inheritance of Bhuneshwar Singh.

A bench of Justices Surya Kant and N Kotiswar Singh rejected the plea filed by Kumar against the December 11, 2024, order of the high court that refused to accept the validity of the August 9, 1967, adoption deed, saying mandatory procedures were not followed.

The top court said, "Having heard senior counsel for the petitioner at a considerable length and on carefully perusing the material placed on record, we are satisfied that the Adoption Deed dated August 9, 1967, was nothing but a calculated move to deprive Shiv Kumari and her elder sister – Harmunia - of their legally vested right to inherit the estate of their father." During the hearing, Justice Surya Kant said, "We know this is a methodology adopted in rural areas to oust the daughters from rightful inheritance. We know how these adoption proceedings are carried out. The high court has rightly dismissed the adoption deed."

The bench, in its order passed recently, said the consolidation authorities as well as the high court have rightly discarded the said document, which has no legal sanctity.

The high court said, "In the aforesaid circumstances, the court is of considered opinion that there is no reason to interfere with reasoned order passed by the Board of Revenue as the mandatory requirements for valid adoption were not followed, therefore, this writ petition is dismissed." It had said that the findings returned by the Board of Revenue are in terms of earlier verdicts..