AIR 1952 BOMBAY 463

Bombay High Court

Hon'ble Judge(s): Gajendragadkar, Vyas , JJ

Hindu Law - Partition - Reopening of - Widow of deceased coparcener adopting son, subsequent to partition - Adopted son can ask for reopening of partition. Adoption made by a Hindu widow relates back to the death of the adoptive father. Therefore, the rights of an adopted son are not affected by reason of the fact that the joint status of the family which he seeks to enter by his adoption has been terminated either by a prior partition between the surviving coparceners or by the death of the sole surviving coparcener. In either case the adopted son is entitled to enter his adoptive family on the basis that the family is a joint and undivided Hindu family and his rights in the property of the family must be decided on that basis. It may be that this result has been achieved by taking resort to legal fictions which are not based on any direct Hindu texts. As soon as the adoption is made the coparcenary is virtually revived and the shares of the parties must be determined on that basis. Same position may be considered in another way. If the adoption relates back to the death of the adoptive father, it must be held that the partition, between the brother and father of the adoptive father would be invalid and can be reopened. Any alienation nude by them subsequent to the partition of joint family property if not supported by legal necessity will not be binding on....