Supreme Court Rejects Claim of Adoption and Will in Property Dispute: “Multiplicity of Suspicious Circumstances” Undermines Legitimacy
In a significant ruling, the Supreme Court of India, in the case of Moturu Nalini Kanth vs. Gainedi Kaliprasad (dead through LRs.), dismissed the appeal of Moturu Nalini Kanth, who claimed rights over properties based on a contested Will and Adoption Deed. The judgment, delivered by Justices C.T. Ravikumar and Sanjay Kumar, highlighted “a multitude of suspicious circumstances” surrounding the alleged adoption and the execution of the will.
The apex court meticulously examined the evidence surrounding the Adoption Deed (Ex. A9) and Will (Ex. A10) of the late Venkubayamma. The Bench noted that despite the registration of Ex. A9 Adoption Deed, its authenticity was successfully challenged by the respondent. “The very adoption, itself, is not believable, given the multitude of suspicious circumstances surrounding it,” the judgment stated, casting doubt on the legal processes claimed to have been followed in the adoption of Nalini Kanth.
Furthermore, the judgment scrutinized the execution of the Will (Ex. A10). The Court pointed out significant inconsistencies in the testimony of witnesses and the documentation of the Will. It was observed that the Will was not proved in accordance with the law, thereby nullifying its legal standing. The Court remarked, “In effect, Ex. A10 Will was not proved in accordance with law and it can have no legal consequence.”
This decision affirms the stance of the High Court of Andhra Pradesh, which had earlier ruled against Nalini Kanth. The Supreme Court’s observation emphasizes the importance of adhering to the legal requirements in matters of wills and adoptions, underlining the necessity of clear, consistent, and credible evidence to uphold such claims. The judgment serves as a precedent in cases involving disputes over wills and adoptions, reinforcing the rigorous standards required for their validation.
Date of Decision: 20th November 2023
MOTURU NALINI KANTH VS GAINEDI KALIPRASAD (DEAD, THROUGH LRS.)
