Partition–Hindu Succession Act, 1955–Sec. 14–Hindu Adoption & Maintenance Act, 1956–Sec. 14–Appellant was adopted by defendant no. 1 after death of her husband–Earlier, the defendant no. 1 had filed the suit against her husband and his second wife which was decreed on the basis of compromise and she was allotted 9/32 share in A to D shedule properties–She adopted the appellant on 16.07.1994 and executed the sale deed on 13.12.2007 and gift deed on 27.08.2007–Doctrine of relation back would be applicable in the instant case–All the lawful alienations made by defendant no. 1 would be binding on the appellant–Trial Court and High Court rightly concluded that the sale deed dated 13.12.2007, executed by the defendant no. 1 was a valid sale deed–However, alienation of B & C scheduled properties by registered gift deed dated 27.08.2008, in favour of defendant nos. 4 & 5 was not binding on the appellant because the recital in the deed of gift shows that the donees are natural grand children of donor but it is an admitted fact that they are not the children of own daughter of defendant no. 1–The adoption deed itself shows that the adoptive mother (defendant no. 1) is issueless–Further, there is no reference to the delivery of property by the donor and taking possession of the property by the donee–Decree of Trial Court holding the gift deed null and void is restored.
