Does adoption create coparcenary rights against a sole surviving coparcener?

Yes. Under Mitakshara law, joint family property remains joint even in the hands of a sole surviving coparcener. On adoption, the adopted son becomes a coparcener and can claim a share.

Can an adopted son undo sales made before his adoption?

No. Adoption does not divest estates that already vested. Alienations done before adoption, if otherwise valid, remain undisturbed.

Does Section 12(c) HAMA bar claims in joint family property?

No. Section 12(c) does not apply to the nature of joint family property. The property retains its joint character; adoption adds a new coparcener.

What was finally decided in this case?

The Supreme Court upheld the adopted son’s right to seek partition of joint family property (except fields previously alienated), dismissing the appeal.

Who were the key parties in the dispute?

Dharma (appellant) became sole surviving coparcener after his brother Miragu died. Miragu’s widow Champabai later adopted Pandurang, who then claimed a share.

Dharmrao Shamrao Agalawe v. Pandurang Miragu Agalawe

Dharmrao Shamrao Agalawe v. Pandurang Miragu Agalawe (1988) 2 SCC 126

Supreme Court of India 1988 (1988) 2 SCC 126 Hindu Family & Adoption Reading: 7 min

Author: Gulzar Hashmi | Location: India | Published: 31 Oct 2025

Primary: Adoption; Coparcenary; Section 12(c) HAMA; Mitakshara Joint Family | Secondary: Sole Surviving Coparcener; Partition; Prior Alienations; Widow’s Adoption

Quick Summary

After Miragu died childless, his brother Dharma became the sole surviving coparcener of the joint family property. Years later, Miragu’s widow Champabai adopted Pandurang. The question: can the adopted son now claim a share in the joint property already in Dharma’s hands?

The Supreme Court said yes. Under Mitakshara law, joint family property remains joint even with a sole coparcener. Adoption adds a new coparcener who can seek partition. But past alienations made before adoption stay valid.

Issues

Can an adopted son claim a share in joint family property that had vested in a sole surviving coparcener before the adoption?

Rules

Mitakshara Joint Family: Property remains joint even if one coparcener survives. A son (by birth/adoption) becomes a coparcener with a share.
Section 12(c), HAMA 1956: Does not change the joint character of coparcenary property; it does not bar the adopted son’s coparcenary rights.
Prior Alienations: Sales/mortgages made before adoption stand. Adoption does not divest estates already vested.

Facts (Timeline)

Timeline of events in Agalawe adoption and partition dispute

Pre-1928: Shamrao has two sons—Dharma (appellant) and Miragu. Joint family property exists.

1928: Miragu dies issueless; widow Champabai survives. Property devolves on Dharma as sole surviving coparcener.

1956: Hindu Adoptions and Maintenance Act comes into force.

1968: Champabai adopts Pandurang (R1).

Partition Suit: Pandurang and Champabai sue for half share and separate possession; trial court dismisses; District Court decrees partition (except two earlier-sold fields); High Court upholds.

Appeal: Dharma appeals to Supreme Court.

Arguments

Appellant (Dharma)

Property had already vested in him before adoption.
Adopted son cannot claim against a sole coparcener’s vested estate.

Respondents (Pandurang & Champabai)

Joint property remains joint in hands of a sole coparcener.
Adoption adds a coparcener; hence right to seek partition.
Accept that prior alienations remain untouched.

Judgment

Adoption revives coparcenary: On adoption, Pandurang became a coparcener with Dharma.
Right to partition: He could sue for partition and get his one-half share.
Alienations protected: Sales/mortgages done before adoption stand; they cannot be reopened.
Appeal dismissed: Supreme Court affirmed the decree (with exclusions for previously alienated fields).

Ratio

Joint family property stays joint in the hands of a sole coparcener. Adoption adds a coparcener and creates a share, but it does not upset valid alienations made before adoption. Section 12(c) HAMA does not alter this rule.

Why It Matters

Clarity on adoption rights: Confirms that adoption can recreate a coparcenary.
Market stability: Protects prior transactions from being undone.
Doctrinal harmony: Aligns HAMA with Mitakshara principles on joint property.

Key Takeaways

Coparcenary Revives

Adoption adds a coparcener; joint character remains.

No Undoing Past Sales

Pre-adoption alienations stay valid.

Section 12(c) Limited

Does not change the joint nature of property.

Partition Allowed

Adopted son can sue for partition post-adoption.

Mnemonic + 3-Step Hook

Mnemonic: “Adopt → Add → Ask.”

Adopt: Widow adopts a son.
Add: He adds to the coparcenary as a member.
Ask: He can ask for partition—except past sales stay.

IRAC

Issue: Can an adopted son claim a share against a sole surviving coparcener’s holding?

Rule: Joint nature continues; adoption adds a coparcener; Section 12(c) HAMA does not bar; prior alienations remain intact.

Application: After adoption, Pandurang became coparcener with Dharma and could demand partition; earlier sold fields were excluded.

Conclusion: Partition granted (with exclusions); appeal dismissed.

Glossary

Coparcenary: A joint ownership body under Mitakshara with rights by birth/adoption.
Sole Surviving Coparcener: The last remaining coparcener holding joint property, which still stays joint.
Alienation: Transfer of property (sale/mortgage/gift) made before adoption in this case.

FAQs

If joint property exists with a sole coparcener, adoption adds a new coparcener and revives the coparcenary character for partition purposes.

No. Valid alienations made before adoption remain. Adoption does not undo vested transfers.

No. The property’s joint character is unaffected; the adopted son becomes a coparcener with a share.

Partition and separate possession of half share, excluding fields sold before adoption; appeal was dismissed.

Case Meta

CASE_TITLE: Dharmrao Shamrao Agalawe v. Pandurang Miragu Agalawe
PRIMARY_KEYWORDS: Adoption; Coparcenary; Section 12(c) HAMA; Mitakshara
SECONDARY_KEYWORDS: Sole Surviving Coparcener; Partition; Prior Alienations; Widow’s Adoption
PUBLISH_DATE: 31 Oct 2025
AUTHOR_NAME: Gulzar Hashmi
LOCATION: India