KANCHETI RAMAKRISHNAYYA Vs. MANDADI NARASAYYA AND OTHERS

JUDGEMENT

(1.) This appeal from the judgment of the learned Chief Justice raises a question as to the rights of an adopted son under the Hindu Law. The following pedigree will be found useful :

(2.) On the death of Appayya without male issue, his two daughters Venkayyamma and Sitaramamma inherited his properties. Sitaramamma died in 1937 and Venkayyamma, who had been married to K. Satyanarayana as his first wife, died in 1939 leaving no male issue. Satyanarayana married Ramamma as his second wife in 1940 but she died in the same year. On the death of Venkayyamma, Appayya's brother, Hanumayya, claiming to be his next heir sued for recovery of his properties and obtained a decree for possession. The plaintiff, who was adopted by Satyanarayana on 17-12-1942, brought the present suit for recovery of possession of Appayya's properties from the 1st defendant, the son of Hanumayya. The suit was dismissed by the learned Chief Justice on two grounds : (1) The plaintiff's adoption did relate back to 1939 when Venkayamma died and the estate of Appayya, which, on his death, had vested in Hanumayya in 1939 as his heir, was divested by the subsequent adoption of the plaintiff. (2) The plaintiff was in the position of a step-son of Venkayyamma and had no right to inherit to the estate of Appayya as his daughter's son. Both these grounds of decision were challenged in appeal.

(3.) An adopted son is entitled to inherit in the adoptive family as if he were a naturally born son both in the paternal and maternal line. He is entitled to inherit to his adoptive mother and her father and other relations. If a widow makes an adoption and she can make an adoption only to her husband - the adopted son stands in the same position as if he had been born to his adoptive father and his right of succession to his adoptive father's estate relates back to the date of the adoptive father's death. A sonless man can adopt even though he is a bachelor or widower. If a married man adopts, he need associate his wife with him in the act of adoption and yet she will be the adoptive mother. If a man having several wives associates one of them in the act of adoption, then she alone will be the mother of the adopted boy, the other wives being his step mothers. So far the law is well-settled.