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2024 Supreme(Online)(MAD) 18440
HIGH COURT OF MADRAS
Hon`ble Mr Justice S.M. SUBRAMANIAM
G.PRAGATHISWAR @ SATHISHKUMA – Appellant
Versus
THE DISTRICT COLLECTOR – Respondent
A legal heirship certificate requires documented evidence of adoption to establish legal status, emphasizing the necessity of proper legal proof.
Headnote:
Adoption - Legal Heirship Certificate - Act Section List - The court emphasized the need for proper documentation to prove legal adoption as a requirement for obtaining a legal heirship certificate, reinforcing judicial standards for establishing kinship.
Fact of the Case:
The writ petitioner challenged the rejection of their application for a legal heirship certificate for the deceased, citing lack of proof for adoption as the primary reason for rejection.
Finding of the Court:
The court found that without documented evidence of adoption, the authorities were justified in denying the issuance of the legal heirship certificate. The petitioner was advised to pursue legal proof of adoption through the civil court.
Issues: Whether the refusal to grant the legal heirship certificate due to lack of documented proof of adoption was justified.
Ratio Decidendi: The court held that legal adoption must be proved with documentation for the issuance of a legal heirship certificate, adhering to established legal protocols.
Final Decision: Writ Petition disposed of with liberty to prove adoption.
O R D E R
The order of rejection, rejecting the application submitted by the writ petitioner seeking legal heirship certificate of deceased Mr.Guruji is under challenge in the present writ petition.
2. The authorities rejected the application mainly on the ground that the petitioner has not produced any document to establish adoption. In the absence of a registered deed of adoption, the authorities may not be in a position to conduct enquiry and issue legal heirship certificate.
3. Regarding the status of the mother of the deceased, the Inspector of Police, Kandachipuram Taluk, Villupuram District filed a status report stating that the senior citizen aged about 88 years is not compelled to reside there and she is residing herself. Therefore, there is no obstruction for the daughter of the senior citizen to visit her in the house of the writ petitioner.
4. As far as the legal heirship certificate is concerned, the petitioner is at liberty to prove his legal adoption in the manner known to law and in the event of establishing the adoption, the authorities will be in a position to consider his case. In the absence of any such proof to establish any such adoption, the petitioner is delegated to approach the Competent Civil Court of Law. In the event of entertaining any application, if any filed by the petitioner, the authorities competent are bound to issue notice to all other interested persons / relative / legal heirs, if any and adjudicate the issues and pass appropriate orders.
5. With these liberty, this Writ Petition stands disposed of. No costs.
25.04.2024 (1/2) Jeni Index : Yes Speaking order Neutral Citation : Yes To
1.The District Collector, Villupuram District, Villupuram.
2.The Revenue Divisional Officer, Villupuram.
3.The Tahsildar, Kandachipuram Taluk, Villupuram District.
S.M.SUBRAMANIAM, J.
Jeni
25.04.2024 (1/2)
