Madras HC: Biological relatives of an adopted person cannot seek legal heirship certificate after his/her death
In its 5th June, 2024 order in V.Sakthivel v. The Revenue Divisional Officer, the Madras High Court held that Biological relatives of an adopted person cannot seek legal heirship certificate after his death.
The Court held that upon adoption of a child, all its ties with its biological family are deemed severed. The adoption creates new ties with the adoptive family. Biological relatives of an adopted person under Section 12 the Hindu Adoptions and Maintenance Act of 1956 cannot stake a claim to the property inherited by an adopted person from his/her adoptive parents.
The brief facts of the case are: The Petitioner was born in Varanavasi. His paternal uncle and aunt adopted a child named Kottravel Sethupathi in 1999. After the death of the couple, the adopted son became the sole heir. Sethupathi died without leaving behind any class I legal heir. A writ petition was filed by his brother and two nieces born to Lakshmi as class II legal heirs. Accordingly the legal heirship certificate was issued to all four by the Modakurichi Tahsildar.
Upon appeal to the Revenue Divisional Officer (RDO) by the biological siblings of Sethupathi, the RDO sat aside the legal heirship certificate and directed the Tahsildar to pass fresh orders after due inquiry. The litigant subsequently approached the High Court with the present petition in 2021.
Allowing the petition, the Madras High Court quashed RDO’s order.