HC: Widow’s adopted son inherits deceased husband’s share in property

The court, in its July 30 judgment, relied on the Supreme Court’s ruling in Sawan Ram vs Kalawanti and another judgment in the Subhash Misir case

: The Allahabad High Court has held that a son adopted by a widow after her husband’s death is deemed to be the adopted son of the deceased husband as well and is entitled to inherit his share in the property.

“Considering the ratio of law laid down by the Apex Court and this Court, there is no illegality” in the consolidation authorities’ decision recognising Ramji as the adopted son of Moti Rani and Murlidhar, the court said. (File Picture)

Justice Chandra Kumar Rai dismissed a petition filed in 1983 by Prayagraj resident Ram Kripal, challenging a consolidation authority’s order recognising Ramji as the adopted son of Moti Rani and her deceased husband Murlidhar.

Murlidhar had died issueless and his share in the property devolved on his widow. Ramji claimed that Moti Rani had adopted him through a deed dated August 2, 1960, making him entitled to Murlidhar’s share.

The court, in its July 30 judgment, relied on the Supreme Court’s ruling in Sawan Ram vs Kalawanti and another judgment in the Subhash Misir case. It held that an adopted son of a widow is deemed to be the son of her deceased husband and, on the widow’s death, inherits the husband’s property as his heir.

“Considering the ratio of law laid down by the Apex Court and this Court, there is no illegality” in the consolidation authorities’ decision recognising Ramji as the adopted son of Moti Rani and Murlidhar, the court said.