Adoption does not prevent father from disposing of property — SC

“This power to dispose of the property would be subject to any agreement between the parties,” the bench said.

The issue came up in an appeal by legal representatives of the late Chiranjilal Srilal Goenka against a decision of an arbitrator, who had decided that the adoptive father or mother was prohibited from disposing of a property as the adopted son was to inherit it due to an agreement.

Goenka died in November, 1985, during pendency of an appeal filed by him against a Delhi High Court order in a matter relating to confiscation of gold by customs authorities and then on a common consent, an arbitrator was appointed by the disputing parties to decide who would be the legal heir.

Goenka, who had adopted one of his grandsons, Radheshyam, had later made a will in favour of his daughther, Sushila Bai, whom the court ultimately held to be the legal heir.

The arbitrator had said that prior to adoption of Radheshyam, there was an oral agreement between his father, Mangalchand Kedia, and Goenka and, therefore, the will in favour of a daughter was inoperative.

He had said that after the oral agreement, Kedia had written a letter to Goenka saying that he was giving his son for adoption and his son would inherit the entire movable and immovable property after the death of Goenkas.

But the apex court said that this letter never restricted the power of the adoptive father as this was merely an offer letter and not registered. Besides, it could not also be considered as an agreement in the absence of consent from Goenkas.

Discussing the provisions of the Hindu Adoptions and Maintenance Act, the court said there was “no implied contract on part of the adoptive father or the mother in consideration of the gift of his son by a natural father or mother that he or she would not dispose of property by transfer or by will”.