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Interpretation of settlement deed for property rights, Adoption deed implications on property rights, Rights of adopted son under Hindu Law, Presumption of ancestral property, Intention of the executant regarding property sharing. Interpretation of Settlement Deed: The case involved a settlement deed executed by a man in favor of his wife, providing for her maintenance and other expenses. The deed specified that after the wife's lifetime, the property would pass to the boy they intended to adopt. However, the deed did not confer any immediate rights to the adopted boy. The court analyzed the deed, emphasizing that the executant did not intend for the adopted boy to have any interest in the property during his or his wife's lifetime. The settlement was deemed to grant the wife a life estate for maintenance, with the adopted son succeeding to the property after her demise with absolute rights. Adoption Deed Implications: Following the adoption of the boy, a separate deed was executed by the adoptive father, specifying that the adopted son would enjoy the remaining properties with absolute right and title. The court noted that the settlement deed did not confer immediate rights to the adopted son, and the intention was for him to succeed to the property only after the demise of his adoptive parents. Rights of Adopted Son under Hindu Law: The court discussed the rights of the adopted son under Hindu Law, emphasizing that the adopted son, upon the death of his adoptive parents, had to share the property with the after-born brother and the step-mother. The adopted son did not have an immediate right to the property but acquired it upon the death of his father, as per Hindu Law principles. Presumption of Ancestral Property: A legal argument was raised regarding the presumption that the property granted to the adopted son under the settlement deed would be considered ancestral property, leading to a sharing of the property upon the birth of the after-born brother. The court rejected this argument, highlighting that if the settlement deed vested a remainder in the adopted son, he would become the owner of the property, and it would not be considered ancestral property. Intention of the Executant regarding Property Sharing: The court analyzed the intention of the executant regarding property sharing, concluding that the adopted son was entitled to the property only upon the death of his father. The court dismissed the suit, stating that the adopted son had to share the property with the after-born brother and step-mother, as he did not pray for partition of the properties. In conclusion, the court allowed the appeal, set aside the lower court's decision, and dismissed the suit, ruling that the adopted son had to share the property with the after-born brother and step-mother as per Hindu Law principles.
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