Widow wins property suit against ‘adopted daughter’

Ishrat S Banwait

Tribune News Service

Chandigarh, October 13

A 75-year-old widow has successfully defended her husband’s property from a woman claiming to be their adopted daughter.

Raj Shahi had earlier won a civil suit to be the only legal heir to the property in her husband’s name after he died. However, the “adopted daughter” filed an appeal against the order, which she has once again lost as she failed to prove that she was legally adopted.

Anupam Puri, aka Rimpi, aka Navdeep, a 38-year-old Ropar resident, is said to be the granddaughter of a Patiala-based man, Amar Nath Sharma. Sharma was a friend of the deceased, Diwan Chand Shahi, who had retired as a lecturer from Government College, Sector 11. Puri had started living with the Shahi family in Chandigarh in their Sector 38 residence for better education facilities.

After Diwan Shahi died in November 2009, Raj Shahi applied for the transfer of ownership of their property in her name with the UT Estate Office. However, Puri filed objections claiming to be their adopted daughter and thus heir to the property. Raj Shahi filed a civil suit against Puri and won it in March 2015.

Counsel for Raj Shahi — Thakur Kartar Singh and Thakur Vishal Singh — informed that a will made by Diwan Shahi four months before his death clearly stated that his wife was the only legal heir to his property. They added that Diwan Shahi was aware of the motives of Puri and had hence made the will.

However, Puri filed an appeal against it in the District Courts here, which she has once again lost.

Puri claimed that she had been adopted by Diwan Shahi and his name appeared as the father in all her educational certificates. However, Raj Shahi said as she was not a resident of Chandigarh, Puri was not able to get admission to educational institutions here. Hence, Diwan Shahi wrote his name as her father as a good gesture. The court ruled that mere appearance of the name in educational certificates does not prove that Puri was legally adopted.

During the trial, Amar Nath Sharma said as the grandfather, he had handed Puri to Diwan Shahi and he had adopted her. However, the Hindu Adoptions and Maintenance Act says that only a mother or father with each other’s consent can indulge in handing over their child for adoption, thus Puri was not legally adopted. Also, neither of the parents of Puri came to the court to record their statements. None of the neighbours was produced in the court as witnesses by Puri as well, which went against her.