Back
G. K. ILANTHIRAIYAN
V. Sakthivel – Appellant
Versus
Revenue Divisional Officer, Erode – Respondent
ORDER :
Prayer: Writ Petition is filed under Article 226 of Constitution of India to issue a writ of Certiorarified Mandamus calling for the records of the impugned order vide Moo.Mu.5281/2020/A3 dated 31.12.2020 issued by the first respondent and quash the same and consequently direct the 2nd respondent to issue the certificate that was previously issued and declare the petitioner and 3rd, 4th and 4th respondents are the legal heirs.
1. This writ petition has been filed challenging the order passed by the first respondent dated 31.12.2020 thereby cancelled the relationship certificate issued by the second respondent and remitted back for fresh enquiry.
2. The petitioner's grandfather Late.Sengota Gounder had three children namely, Ramasamy, Varanavasi and Lakshmi. The petitioner is the son of the said Varanavasi. The Ramasamy had married one Sivakami. They had no children and adopted a child namely Kottravel Sethupathi in the year 1999. The said Ramasamy and his wife died leaving behind their sole legal heir i.e., Kottravel Sethupathi. Thereafter, the said Kottravel Sethupathi also died on 06.09.2020, leaving behind no legal heirs of the first class as per the Hindu Succession Act, 1
An adopted child's ties with their biological family are severed upon adoption, granting them full rights as a member of the adoptive family under the Hindu Adoptions and Maintenance Act, 1956.
The central legal point established in the judgment is the need for clarity and consistency in the classification of legal heirs for the issuance of legal heirship certificates.
Court grants liberty to approach civil court without opining on merits of legal heir certificate cancellation.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
