AIR 2005 KERALA 196 ::(2005) 4 CivLJ 427 ::(2005) 2 Ker LJ 73 ::(2005) 2 Ker LT 960 ::(2005) 33 AllIndCas 426 (KER) ::ILR(ker) 2005 (1) KER 815

Kerala High Court

Hon'ble Judge(s): V. Ramkumar , J

Partition Act (4 of 1893) , S.4— Christian Law - Adoption - Proof - There must be evidence of actual formality of adoption by proving physical act of giving and taking of child - Natural parents of child were not present when plaintiff was baptised - Mere presence of adoptive parents in baptism ceremony of plaintiff - Will not make them adoptive father and mother of plaintiff/child - Fact of execution of Will by adoptive mother - Also indicates that she had not treated plaintiff as her adopted son capable of inheriting her properties without a testamentary disposition - Adoption not proved - Plaintiff entitled to share in estate of deceased natural father. (Para 16 17)