Punjab & Haryana High Court Declares Adoption Deed Invalid for Want of Proof of Lawful Adoption; Sets Aside Decrees and Mutations Based on Alleged Adoption
Case Name: Rajinder Singh and Others v. Smt. Vidya Devi and Another
Date of Judgment: 19 January 2026
Citation: RSA-82-1998
Bench: Hon’ble Mr. Justice Deepak Gupta
Held: The Punjab and Haryana High Court held that a registered adoption deed by itself does not conclusively prove a valid adoption unless the mandatory requirements under Hindu law, including proof of giving and taking in adoption and consent of the adoptive mother, are strictly established. The Court held that where evidence reveals fraud, misrepresentation, and absence of essential ceremonies, the adoption deed and all consequential rights flowing therefrom are liable to be declared null and void.
Summary: The Regular Second Appeal was filed by the defendants challenging the judgment and decree dated 29.10.1997 passed by the Additional District Judge, Hisar, whereby the appeal of the plaintiff Smt. Vidya Devi was allowed and the suit for declaration was decreed after setting aside the judgment of the Trial Court.
The dispute arose out of an alleged adoption of defendant No.1 Rajinder Singh by Bhagwana, father of the plaintiff, purportedly effected in the year 1977 and evidenced by a registered adoption deed dated 13.11.1981. Bhagwana was a co-sharer of agricultural land in three villages. After his death, mutations were sanctioned in favour of his widow, daughter (the plaintiff), and the alleged adopted son Rajinder Singh. The plaintiff challenged the validity of the adoption deed, the mutations, and a decree dated 25.09.1985 suffered by Bhagwana’s widow in favour of Rajinder Singh.
The plaintiff alleged that Bhagwana was illiterate and was taken to the Tehsil under the pretext of executing a power of attorney, during which the adoption deed was fraudulently procured. It was further pleaded that the adoptive mother had neither consented to nor participated in the alleged adoption, rendering it invalid under Hindu law.
The defendants contended that Rajinder Singh had been validly given in adoption by his natural parents with the consent of Bhagwana’s wife and that all ceremonies were duly performed. They relied upon the registered adoption deed and subsequent conduct, including residence with the adoptive family and performance of marriage.
The High Court, after reappreciating the evidence, held that the defendants failed to prove the essential ingredients of a valid adoption. The Court found that there was no reliable evidence of the ceremony of giving and taking, no proof of consent of the adoptive mother, and credible evidence suggesting fraud and misrepresentation. The Court further held that the decree suffered by the widow in favour of the alleged adopted son was collusive and could not bind the plaintiff.
The Court affirmed the findings of the First Appellate Court that the adoption deed dated 13.11.1981 was invalid and that all mutations and decrees founded upon the alleged adoption were unsustainable in law.
Decision: The Regular Second Appeal was dismissed. The judgment and decree passed by the First Appellate Court declaring the adoption deed dated 13.11.1981 as illegal, null and void, and setting aside the consequential mutations and decree dated 25.09.1985 were upheld.