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Biological relatives of adopted child can’t claim property :- check Details

 

 

Biological relatives of an adopted person cannot seek legal heirship certificate after his death, rules Madras High Court

The biological relatives of a person who had got adopted, as per the Hindu Adoptions and Maintenance Act of 1956, cannot be considered as his legal heirs in order to stake a claim over the properties that he had inherited from the adoptive family, the Madras High Court has ruled.

In an order passed on June 5, Justice GK Ilanthiraiyan said that Section 12 of the Hindu Adoptions and Maintenance Act makes it clear that once a person is adopted, their ties with the family of birth stand severed.

yesha Arvind

The Madras High Court recently held that the biological relatives of a person who got adopted under the Hindu Adoptions and Maintenance Act of 1956 cannot stake any claim to the property inherited by such person from his or her adoptive parents.

In an order passed on June 5, Justice GK Ilanthiraiyan said that Section 12 of the Act makes it clear that once a person is adopted, their ties with the family of birth stand severed.

Thus, the biological relatives cannot seek any legal heirship certificate after the death of the adopted person, the Court said.

“Thus, it is made clear that on the date of adoption the ties of the adoptive child in the family of his or her birth shall be deemed to be severed and replaced by those created by the adoption in the adoptive family,” the Court stated.

Justice GK Ilanthiraiyan
Justice GK Ilanthiraiyan
The Court was hearing a writ petition filed by one V Sakthivel seeking a relationship certificate and a legal heirship certificate, staking claim to the property left behind by his first cousin who was an adopted child.

The cousin had died in 2020 without leaving any Class I legal heir behind. Sakthivel had also challenged the claim to such legal heirship certificate made by the adopted person’s biological siblings.

As per Sakthivel, his paternal grandfather had two sons named Ramasamy and Varanavasi and one daughter named Lakshmi.

Sakthivel was born to Varanavasi. However, Ramasamy and his wife did not have any biological children. In 1999, they adopted a child named Kottravel. Ramasamy and his wife died some years later and in 2020, Kottravel also died.

Sakthivel and his two cousins, who are the daughters of his aunt Lakshmi then approached the Revenue authorities for the legal heirship to stake a claim to Kottravel’s property. However, Kottravel’s biological relatives too staked claim to such legal heirship.

Justice Ilanthiraiyan agreed with the submission made by the petitioner’s counsel that all ties of an adopted child with the biological family should be deemed to have been severed and “replaced by those created by the adoption in the adoptive family.”

Therefore, the Court allowed the petition and quashed the previous order of the Revenue Divisional Officer concerned that had denied the petitioner such certificate.

Advocate Naveen Kumar Murthi appeared for Sakthivel.

Government Advocate SJ Mohammed Sathik appeared for the respondent revenue

(Bar and Bench)

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