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Shyama (Smt.) vs. Prithvi Singh & Ors.

34.00 3.40

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Hindu Adoption & Maintenance Act, 1956–Secs. 6, 7, 10, 11 & 16–Adoption deed–Suit for cancellation–Dismissed–Affidavit of appellant was not found in consonance and in conformity with the pleadings–Her statements were found under serious cloud and questionable–She failed to rebute the statutory presumption u/s. 16–PW-2 was found pro-active witness who made an affirmative attempt to project embellished version of the testimony of appellant–Version of defence witnesses was found reliable–Averments of appellant in plaint that the joint family property of her father was partitioned between her, her mother and respondent P–This partition pre-supposes that she had acknowledged P as legal heir of deceased father–Otherwise a brother in law cannot be a legal heir as per the provisions of Hindu Succession Act–Admission of appellant to prove the factum of adoption.