1. The first petitioner is the mother and the second petitioner is the adopted daughter of the first petitioner and her deceased husband by name Chandrasekar. These petitioners are aggrieved against the order of the respondent in refusing to issue them the Legal Heirship Certificate in pursuant to the death of the said Chandrasekar only on the reason that the second petitioner is Class II heir of the deceased and therefore, the petitioners have to approach the Civil Court and get remedy.

2. The case of the petitioners, in short, is as follows:

The first petitioner was married to the said S.Chandrasekar in the year 1987. As there was no issue out of their wedlock for long number of years, they have adopted the second petitioner, while she was 1 1/2 years old from the first petitioner's brother and his wife, on 24.11.1994, as per their family customs followed in that locality. A deed of adoption was entered into on 24.11.1994 and registered as Document No.18 of 1995 on the file of the Sub Registrar, Dhenkanikottai. The said Chandrasekar died intestate on 19.06.2017, leaving behind the petitioners as his legal heirs. All the records like School Transfer Certificate, Ration Card, Community Certificate carried the name of the second petitioner as daughter of late Chandrasekar and the first petitioner. An application was filed before the respondent on 03.07.2017, for issuing the Legal Heirship Certificate for the purpose of transferring patta and for operating bank accounts, etc., However, the said request was rejected by passing the impugned order, as stated supra.

3. The respondent filed a counter affidavit by stating as follows:

The first petitioner married to the said Chandrasekar and they adopted a girl child on 24.11.1994. The said Chandrasekar died intestate on 19.06.2017, leaving behind the petitioners as his legal heirs to succeed estate. The petitioners applied for Legal Heirship Certificate. The Revenue Inspector, on verification and enquiry, submitted a report on 06.10.2017 and recommended for issuance of Legal Heirship Certificate, certifying that the petitioners are the legal heirs of the said Chandrasekar. A legal opinion dated 11.10.2017 was also furnished by the learned Government Pleader, Dhenkanikottai. However, the petitioner's request was not considered, since the second respondent being an adopted daughter, cannot be considered as Class I heir as per the Hindu Succession Act.

4. Learned counsel for the petitioners, after inviting this Court's attention to Section 12 of the Hindu Adoption and Maintenance Act, 1956 and the decision of the Apex Court reported in 2003 (4) SCC 71, (Namdev Vyankat Ghadge vs Chandrakant Ganpat Ghadge), contended that the reasoning of the respondent in refusing to issue the Legal Heirship Certificate cannot be sustained in the eye of law. Thus, he submitted that the second petitioner, the adopted daughter is to be treated as the child of the first petitioner and the deceased Chandrasekar for all purposes with effect from the date of adoption and therefore, the respondent is bound to issue the Legal Heirship Certificate by including the name of the second petitioner also as Class I heir of the deceased.

5. On the other hand, the learned Special Government Pleader reiterated the contentions raised in the counter affidavit as well as the reasons stated in the impugned order.

6. Heard both sides.

7. The adoption of the second petitioner by the first petitioner and her deceased husband is not under dispute. On the other hand, the respondent himself admitted in the counter affidavit about the factum of such adoption on 24.11.1994 followed by the verification and enquiry conducted in the locality, by the Revenue Inspector, who in turn also filed a report on 06.10.2017, to that effect as well. Therefore, now the question that arises for consideration is whether the second petitioner, as the adopted daughter, is entitled to be treated as Class I legal heir, to be included as one of the legal