SRI MAHESH versus SANGRAM & ORS

Citation: [2025] 1 S.C.R. 62 · Decided: 01-01-2025 · Supreme Court of India · Bench: C.T. RAVIKUMAR · Disposal: Case Partly allowed

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Judgment (excerpt)

[2025] 1 S.C.R. 62 : 2025 INSC 14
Sri Mahesh 
v. 
Sangram & Ors.
(Civil Appeal No(s). 36-37 of 2025) 
02 January 2025
[C.T. Ravikumar* and Prashant Kumar Mishra, JJ.]
Issue for Consideration
Issue arose whether by virtue of operation of the provisions of  
ss. 14(1) and 12(c) of the Hindu Succession Act, 1956, the defendant 
no.1-adoptive mother would become absolute owner of the property 
prior to the adoption of appellant-adopted son; and as regards the 
effect of adoption on sale deed and gift deed executed thereafter 
by adoptive mother.
Headnotes†
Hindu Succession Act, 1956 – ss.13, 14 – Hindu Adoptions 
and Maintenance Act, 1956 – ss.12, 16 – Transfer of Property 
Act, 1882 – s.122 – Effects of adoption – Principle of Relation 
Back – Death of the original owner of the property – Following 
his death, property dispute between his two wives – Property 
divided among the two on basis of a compromise decree – 
Thereafter, the first wife-defendant no. 1 who was issueless, 
adopted the appellant – Thirteen years later, the defendant no. 1 
executed sale deed in respect of schedule A properties and 
gift deed in respect of schedule B and C properties in favour 
of defendants – Appellant filed suit for partition and separate 
possession of the schedule properties as also challenged the 
execution of sale deed and gift deed – Trial court declared gift 
deed as null and void and  granted the entire suit schedule B 
and C properties to the appellant since he was the sole legal 
heir of defendant No.1 and rejected his claim as regards the 
sale deed upholding the sale deed – High Court set aside 
the order as regards alienation under the gift deed, however, 
upheld the sale deed – Interference:
Held: Principle of Relation Back is that an adoption by a widow 
would relate back to the date of death of her husband, creating an 
* Author
[2025] 1 S.C.R. 
63
Sri Mahesh v. Sangram & Ors.
immediate coparcenary interest in the joint property, meaning that 
the adopted child is treated as if they were born to the deceased 
husband, thus entitled to inherit his property – Adoption by  
defendant No.1-widow of the original owner would relate back 
to the date of death of the adoptive father but then all lawful 
alienations made by defendant No.1-adoptive mother would 
be binding on the appellant-adopted son – Adoptive son’s 
right to impeach previous alienations would depend upon the 
capacity of defendant No.1 who made the alienation as well 
as on the nature of the action of alienation – First alienation is 
the one where defendant no.1 effected sale of the properties – 
Concurrent findings by the courts below that defendant no.1 
got absolute right to effect the sale of the property warrant 
no interference – By applying the ‘Doctrine of Relation Back’, 
the appellant is bound by the said alienation – As regards the 
alienation by gift deed, the nature of action of alienation is gift –  
In order to be valid gift, acceptance of the gift is a pre- requisite – 
Gift deed has no reference about the delivery of property 
by the donor and taking possession of property by the 
donee – Trial court’s holding that the appellant is entitled to 
entire 'B' and 'C' schedule properties as the sole legal heir 
of deceased defendant no.1, not faulty as it is the inevitable 
consequence of application for the ‘Doctrine of Relation 
Back’; and that the prerequisite for making the gift valid was 
absent and as such defendant nos. 4 and 5 could not become  
absolute owners of the schedule properties through gift deed – 
High Court interfered with the sound reasoning of the trial court, 
and set aside without providing any good and sustainable 
reason – Such finding could be reversed only if it is found that 
the said finding was based on perverse precision of evidence – 
Concurrent finding of the courts below that the sale deed is valid 
is upheld – Impugned judgment pertaining to the alienation of 
properties through gift deed quashed and set aside. [Paras 16-31]
Hindu Succession Act, 1956 – s.12 – Effects of adoption – 
'Relation Back Principle':
Held: Principle is that the adoption by a widow would relate 
back to the date of death of her husband, creating an immediate 
coparcenary interest in the joint property, meaning that the adopted 
child is treated as if they were born to the deceased husband, thus 
entitled to inherit his property. [Para 18]
64
[2025] 1 S.C.R.
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