Adoption Severed All Ties with Biological Family – Madras High Court Upholds Legal Heirship Under Hindu Adoptions Act”

High Court reaffirms the legal principles of adoption, quashing the Revenue Divisional Officer’s order on legal heirship certificate cancellation”

In a significant judgment, the Madras High Court has quashed an order by the Revenue Divisional Officer (RDO) that cancelled a legal heirship certificate issued to V. Sakthivel and others. The court emphasized that the adoption of Kottravel Sethupathi severed his ties with his biological family, reaffirming the legal principles under Section 12 of the Hindu Adoptions and Maintenance Act, 1956.

The writ petition was filed by V. Sakthivel, challenging the cancellation of a legal heirship certificate by the Revenue Divisional Officer, which had initially been issued by the Tahsildar. The case revolves around the adoption of Kottravel Sethupathi by Ramasamy and Sivakami in 1999. Upon the deaths of Ramasamy, Sivakami, and subsequently Kottravel Sethupathi, a legal heirship certificate was issued recognizing Sakthivel and certain other respondents as legal heirs. However, this certificate was later set aside by the RDO, prompting the current legal challenge.

The High Court’s judgment focused on Section 12 of the Hindu Adoptions and Maintenance Act, 1956, which dictates that an adopted child is considered a member of the adoptive family, severing all legal ties with the biological family from the date of adoption. Justice G.K. Ilanthiraiyan underscored that this statutory provision was crucial in determining the rightful legal heirs of Kottravel Sethupathi.

The court noted that the RDO’s order to cancel the legal heirship certificate issued by the Tahsildar was in direct contravention of Section 12. The RDO had incorrectly included biological siblings of Kottravel Sethupathi in the legal heirship, disregarding the severance of ties mandated by the adoption law.

The court referenced the case of M.G. Mamtha vs. C. Soundarya, 2018 SCC Online Mad 380, which reinforced the legal position that an adopted child becomes the legal heir in the adoptive family, with all ties to the biological family being severed.Justice G.K. Ilanthiraiyan stated, “An adopted child, from the date of the legal adoption, becomes the child of the adoptive father or mother for all purposes. Consequently, all the ties of the child in the family of his or her birth are replaced by those created by the adoption.”

The High Court’s ruling highlights the judiciary’s adherence to the statutory framework governing adoption and legal heirship. By quashing the RDO’s order and reaffirming the Tahsildar’s issuance of the legal heirship certificate, the judgment ensures the rights of adopted children are protected as envisaged by the Hindu Adoptions and Maintenance Act. This decision is a critical reminder of the legal implications of adoption and will likely influence future cases involving similar issues.

Date of Decision: 5^th June 2024

V. Sakthivel vs. The Revenue Divisional Officer & Others