Is co-widow consent necessary for adoption?

No. The senior widow’s adoption need not fail for want of the junior widow’s consent. HAMA must be read to recognize a female Hindu’s independent capacity.

Whose assent is needed if the husband’s wish is unknown?

Sapinda assent is a safeguard, not a rigid rule. Absence of female sapinda consent does not by itself invalidate a lawful adoption.

What happens to the child’s property ties after adoption?

Under Section 12 HAMA, ties with the birth family are severed and replaced by ties in the adoptive family, including succession rights.

Who is the adoptive mother when multiple wives consent?

Section 14(2) HAMA deems the senior-most wife as adoptive mother; others are step-mothers.

What was the final relief in this case?

Adoption was valid but bound to Sharadamma’s consent; therefore the adoptee could claim only the share inherited by Sharadamma. Appeal dismissed with half share.

Vijayalaxmamma v. B.T. Shankar (2000) 4 SCC 538

Adoption by a widow, co-widow consent, and property effects under the Hindu Adoption and Maintenance Act — easy classroom-style explainer.

Supreme Court of India Year: 2000 Bench: 2-Judge Citation: (2000) 4 SCC 538 Hindu Law 8 min read

Author: Gulzar Hashmi India Published: October 31, 2025 Slug: vijayalaxmamma-v-b-t-shankar-2000-4-scc-538

Quick Summary

Core idea: A widow can validly adopt without her co-widow’s consent. HAMA recognizes a female Hindu’s capacity to adopt. Adoption shifts the child’s family and property ties to the adoptive line.

Consent: Co-widow consent is not a rigid requirement.
Statute: Sections 7, 8, 12, 14(2).
Relief: Adoption upheld; property limited to the share of the consenting widow (Sharadamma).

Issues

Is the permission of a co-widow necessary for a valid adoption?
If the husband’s wish is unknown, must a Sapinda give consent?
How does adoption work when there are multiple widows?

Rules

Section 7 (HAMA): Male capacity; explanation refers to consent of all wives if a person has more than one wife at the time of adoption.
Section 8 (HAMA): Female Hindu’s independent capacity to adopt.
Section 12 (HAMA): Adoption severs birth ties; creates new ties in the adoptive family, including succession.
Section 14(2) (HAMA): If more than one wife consents, the senior-most becomes adoptive mother; others are step-mothers.

Facts (Timeline)

1968: A.T. Nanjappa Rao dies, leaving two widows — Sharadamma (senior) and Neelamma (junior). Estate split into two equal shares.

1970: B.T. Shankar (nephew) adopted by Sharadamma via Adoption Deed; claimed as adoption by both widows; name entered in records.

1983: Sharadamma dies.

1970 / 1984: Neelamma claims she adopted Vijayalaxmamma in 1970; registered deed and joint will produced in 1984.

Trial Court: Accepts Shankar’s adoption; decrees for him.

High Court: Upholds Shankar’s adoption but limits inheritance to Sharadamma’s share for want of Neelamma’s consent.

Supreme Court: Only question: legality of adoption without co-widow consent.

Timeline of events in Vijayalaxmamma v. B.T. Shankar

Arguments

Plaintiff (B.T. Shankar)

Adoption valid under HAMA; acted upon in records.
Co-widow consent not mandatory; Section 8 empowers a female to adopt.
Entitled to inherit as adopted son within adoptive family framework.

Defendants (Neelamma & Vijayalaxmamma)

Questioned validity: deed unregistered; lacked Neelamma’s consent.
Set up rival adoption of Vijayalaxmamma with later documents.
Even if Shankar adopted, claim confined to Sharadamma’s share.

Judgment

Co-widow consent: Not necessarily required. Section 7’s explanation (consent of all wives) must be harmonized with Section 8, which recognizes a female Hindu’s independent capacity to adopt. Failure to obtain the junior widow’s consent does not, by itself, invalidate adoption.

Sapinda assent: A protective idea, not a hard precondition. Its absence by itself does not nullify a lawful adoption, especially when there is no prohibition by the husband.

Property effect: By Section 12, the adoptee’s birth ties are replaced by adoptive ties. In this case, adoption stands; however, since only Sharadamma consented, the adoptee’s claim is limited to her half share. Appeal dismissed with award of one-half to the plaintiff.

Gavel and adoption document representing the Supreme Court decision

Ratio (Legal Principle)

Female capacity to adopt is autonomous. Read Sections 7 and 8 together: co-widow consent is advisable for harmony, not a strict legal bar. Adoption re-routes status and inheritance under Section 12.

Why It Matters

Clarity for multi-widow homes: Adoption need not fail due to a co-widow’s non-consent.
Women’s agency: Confirms the widow’s independent legal capacity.
Estate planning: Adoption shifts succession lines; shares can be limited to consenting widow’s portion on facts.

Key Takeaways

Co-widow consent is not compulsory for a widow’s valid adoption.
Sapinda assent is advisory, not a strict legal requirement.
Section 12 cuts birth ties and creates adoptive ties, including inheritance.
On facts, adoptee’s rights flowed through Sharadamma’s share only.

Mnemonic + 3-Step Hook

Mnemonic: “W-S-P” — Widow can adopt; Sapinda assent helps; Property follows adoptive line.

Widow’s Capacity: Check Section 8 — independent authority.
Sapinda Safeguard: Useful but not mandatory absent prohibition.
Property Shift: Apply Section 12 to fix inheritance rights.

IRAC Outline

Issue	Rule	Application	Conclusion
Is co-widow consent essential?	Harmonize Sections 7 & 8 HAMA; female capacity stands on its own.	Senior widow adopted; junior widow’s non-consent alone cannot void.	Consent not mandatory; adoption valid.
Role of Sapinda assent?	Protective check — not a rigid prerequisite.	No prohibition by husband; absence of assent not fatal.	Adoption stands without Sapinda assent.
Effect on inheritance?	Section 12 severs and replaces family ties.	Rights flow through adoptive mother (Sharadamma); rival widow not bound.	Half share (Sharadamma’s) to adoptee.

Glossary

Co-widow: Another widow of the same deceased husband.
Sapinda: Close kin whose assent is traditionally sought as a safeguard.
Adoptive ties: Legal family bonds created by adoption, replacing birth ties (S.12 HAMA).