Amendment To UP Consolidation Of Holdings Act Doesn't Require Registration Of Adoption Deeds Executed Before 01.01.1977: Allahabad HC

While allowing a 40 year old writ petition, the Allahabad High Court has held that consolidation proceedings in the State of Uttar Pradesh cannot be overruled on the ground of non-registration of adoption deed when such deed was executed prior to 01.01.1977. Justice Chandra Kumar Rai held that the same could not be countenanced, especially when the adoption papers were already verified by the Consolidation Officer.

Case Background

Subsequent to the death of his father, the petitioner and his paternal-aunts both filed applications under Section 12 of the Uttar Pradesh Consolidations of Holdings Act, 1953. Petitioner submitted that on the basis of adoption deed dated 25.10.1974, being the adopted son of the deceased, he was entitled to his father's property over his aunts.

The Consolidation Officer passed an order in favour of the petitioner. His aunts preferred an appeal against the same, which was allowed. In response, the petitioner instituted a revision under Section 48 of the Act which was dismissed. Aggrieved, he filed the present writ petition.

Counsel for petitioner submitted that the adoption papers in question did not require registration as they were executed prior to 01.01.1977. It was submitted that when the adoption took place, there was no opposition to the same by his father's wife as she had deserted him. Petitioner contended that the impugned order had been passed without considering the evidence on record and was thus unsustainable in the eyes of the law.

Per Contra, the respondents submitted that circumstances of the adoption were suspicious and due process had not been followed. It was stated that the wife of the deceased was alive at the time of adoption and yet her consent was not taken. They argued that in such circumstances, no title could be accrued to the petitioner.

High Court Verdict

The Court observed that the Consolidation Officer had passed his orders after taking into account all the evidence and that he had found no need for the registration of the adoption papers. It examined Sections 6 and 16 of the Hindu Adoptions and Maintenance Act, 1956 and held that as per its judgment in Munder v. Deputy Director of Consolidation and Ors., the adoption of the petitioner was valid.

In Munder v. Deputy Director of Consolidation and Ors, the Allahabad High Court had held that adoption deed prior to 1.1.1977 was not required to be registered for the purposes of its execution.

“It is also material that the U.P. Amendment in Section 16 has taken place in the year 1976 which was made operative w.e.f. 1.1.1977, as such, according to the provisions contained under Section 16 of the Hindu Adoptions and Maintenance Act, 1956, there shall be presumption that adoption has been made in compliance with provisions of the Act unless and until it is disproved. In the instant matter, the adoption deed was executed on 15.10.1974, as such, non registration of the adoption deed in question will not make any difference”, held the Court.

The Court observed that it was clear from the adoption papers that the wife of the deceased had deserted him at the time of adoption. It was observed that the deed entitled the petitioner to the entire movable and immovable property of the deceased.

Accordingly, the Court set aside the impugned order.

Case Title: Jagdish v. Sahayak Sanchalak, Chakbandi Adhikari and Ors. [WRIT – B No. 9423 of 1984]

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