KALGAUDA TAVANAPPA PATIL Vs. SOMAPPA TAMMANGAUDA PATIL

JUDGEMENT

(1.) This appeal raises an important question of Hindu law, which may be stated as follows: When a married Hindu, having a son, is given in adoption by his natural father, does the Hindu's son also, like his father, lose the gotra and rights of inheritance in the family of his birth and acquire the gotra and a right of succession to the property of the family into which the Hindu is adopted?

(2.) The parties to this second appeal are Jains, but, in the absence of any special custom, Jains are governed by the ordinary Hindu law: Bhagwandas Tejmal v. Rajmal 10 B.H.C.R. 241; Sheo Singh Mai V/s. Musammat Dakho 51. A. 87 at p. 108 : 1 A. 688 : 6 N.W.P.H.C.R. 382.

(3.) No special custom, departing from the ordinary Hindu law of adoption, has been set up in the present case, and the question above stated must be determined with reference to that law.