Supreme Court · 2013 INSC 64 · Decided 29 January 2013
Laxmibai (Dead) THR. LRS. & ANR. v. Bhagwantbuva (Dead) THR. LRS. & ORS.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 64 · [2013] 1 S.C.R. 632
- Case number
- CIVIL APPEAL No. 2058/2003
- Decided
- 29 January 2013
- Bench
- B.S. CHAUHAN, V. GOPALA GOWDA (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- CPC; Evidence Act Section 57, 134, 57(1)
Headnote
Hindu Adoptions and Maintenance Act, 1956: c s.16 read with ss.10 and 11 - Adoption of male child by a female - Adoption deed got registered - Presumption of a valid adoption - Held: If there is a registered adoption deed, there is a presumption uls 16 to the effect that the in compliance with the provisions of the Act D until and unless such presumption is disproved - Burden to rebut the presumption lies on the person who challenges such adoption - In the instant case, defendants/respondents never made any attempt whatsoever, to rebut the presumption. ss. 10 and
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