Hindi - Adopted Son vs. Daughters: Who Gets Ancestral Property? | Supreme Court Judgment
Автор: JurisOptima
Загружено: 2026-01-21
Просмотров: 2
Описание:
https://jurisoptima.com/cases/basavar...
When a father adopts a son into a family that already has daughters, how does this change the division of ancestral property? Does the adopted son immediately become a co-owner, effectively reducing the inheritance available to the daughters?
In this legal explainer, we analyze the landmark Supreme Court judgment of Basavarajappa v. Gurubasamma & Ors. This case is a crucial study on the Hindu Succession Act and the Hindu Adoptions and Maintenance Act. It settles a complex debate regarding the status of an adopted child as a "Coparcener" and how shares are calculated when a father dies intestate (without a will).
We break down the "legal math" of Notional Partition, explain the "Transplantation Theory" of adoption, and discuss the now-repealed Section 23 regarding rights to the family dwelling house.
Case Citation: Basavarajappa v. Gurubasamma & Ors. (2005) | Civil Appeal No. 4365 of 1999
What You Will Learn:
The legal effect of adoption on Joint Hindu Family property.
How to calculate property shares using "Notional Partition."
The conflict between an adopted son's birthright and daughters' inheritance.
The concept of the "Dwelling House" and right of residence.
Who Is This For?
This video is essential for law students, legal aspirants, property owners, and anyone navigating family inheritance disputes in India.
Disclaimer:
The content provided in this video is for educational purposes only and does not constitute legal advice. The information is based on the specific facts of the judgment discussed and may not apply to current legal scenarios, especially regarding amendments to the Hindu Succession Act post-2005. Always consult a qualified advocate for legal matters.
#Basavarajappa v Gurubasamma, #Supreme Court of India, #Hindu Succession Act, #Property Law India, #Adoption Laws, #Ancestral Property, #Coparcenary Rights, #Inheritance Law, #Legal Explainer, #Law Student India, #Section 6 Hindu Succession Act, #Civil Law, #Family Law, #JurisOptima
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