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.

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, 1956. The said Kottravel Sethupathi had two biological sisters and one brother. However, upon adoption of the said Kottravel Sethupathi by Mr.Ramasamy, ties with his biological family have been legally severed and therefore, by operation of law, no person from the biological family of Kottravel Sethupathi could have any connection or claim over any of the properties of Kottravel Sethupathi which devolved upon him in the adoptive family. The said Ramasamy had one brother and one sister namely Varanavasi and Lakshiammal. The said Varanavasi had two sons and the said Lakshmiammal had two daughters who are class II legal heirs of the deceased Ramasamy as per Hindu Succession Act, 1956. Therefore, they had applied for legal heirship certificate before the 2nd respondent. After due enquiry, the second respondent issued legal heir ship certificate on 19.11.2020 in favour of the petitioner and respondents 3 to 5 herein. Aggrieved by the same, the respondents 6 to 8 preferred an appeal before the 1st respondent. The first respondent by an order dated 31.12.2020 set aside the legal heir ship certificate issued by the second respondent and further directed the second respondent for fresh disposal after conducting due enquiry.

3. On perusal of the impugned order dated 31.12.2020 revealed that the first respondent recorded about the adoption of Kottravel Sethupathi at the age of 1 1/2 years by Ramasamy and his wife Sivakami in the year 1999 and adoption deed was registered vide document No. 1021 of 1999 and as such after the demise of adopted son his siblings are included as legal heirs in the legal heirship certificate. Therefore, the legal heir ship certificate issued by the second respondent was set aside.

4. The learned counsel for the petitioner rightly pointed out that in accordance with Section 12 of the Hindu Adoptions and Maintenance Act, 1956, on the date on which the adoption is made, all the ties of the child in the family of his or her birth shall be deemed to have been severed and replaced by those created by the adoption in the adoptive family. It is relevant to extract the provision under section 12 of the Hindu Adoptions and Maintenance Act, 1956:

“12. An adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes with effect from the date of the adoption and from such date all the ties of the child in the family of his or her birth shall be deemed to be served and replaced by those created by the adoption in the adoptive family:

Provided that:

(a) the child cannot marry any person whom he or she could not have married if he or she had continued in the family of his or her birth.

(b) any property which vested in the adopted child before the adoption shall continue to vest in such person subject to the obligatio