For a valid adoption under HAMA, proof of the adoptive mother's consent and the ceremony of giving and taking is mandatory; lack of such evidence invalidates the claim.

JUDGMENT :

S. SOUNTHAR, J.

The appellant herein filed a suit in O.S.No.796 of 2007 seeking declaration that he is a Legal Heir of late L.Lakshmanan @ Yaghava Munivar and for Mandatory Injunction directing the 3^rd respondent-Tahsildar to issue Legal Heirship Certificate to him. He also sought for a declaration that Legal Heirship Certificate already issued dated 18.02.2002 was null and void. The suit was decreed by the Trial Court and the appeal filed by the predecessor-in-interest of the respondents/deceased defendants was allowed by the First Appellate Court. Aggrieved by the said reversal finding, the plaintiff has come before this Court.

2. The appellant herein also filed a suit for partition in respect of the estate of L.Lakshmanan @ Yaghava Munivar in O.S.No.41 of 2008 on the file of the Sessions Judge, Mahila Court, Chengalpattu and the respondent herein, who were arrayed as defendants in the said suit filed applications in I.A.No.2 of 2020 and I.A.No.5 of 2021 seeking rejection of the plaint. The said applications were dismissed by the Trial Court and aggrieved by the same, the defendants therein have filed two civil revision petitions in C.R.P.Nos.4448 and 4451 of 2023.

3. The decision in second appeal will have a bearing on the final outcome of the civil revision petitions, hence, all the matters are taken together for final disposal.

4. According to the appellant/plaintiff, he is the eldest son of late L.Lakshmanan @ Yaghava Munivar. The deceased 1^st defendant-L.Saran was his younger brother and the deceased 2^nd defendant was his mother. It was also stated in the plaint that late L.Lakshmanan @ Yaghava Munivar formed a Trust in the name of ‘YAGHAVA VASIYA ADHIVEDHA ADAM GNANA KOOTAM’ and registered the same as Document No.447 of 1994. The Trust activities were conducted jointly by the plaintiff and defendants under the direct supervision of late L.Lakshmanan @ Yaghava Munivar. It was also stated that L.Lakshmanan @ Yaghava Munivar died on 26.12.2000 leaving behind the plaintiff and defendants as his Legal Heirs.

5. It was also stated that L.Lakshmanan @ Yaghava Munivar executed a document dated 27.11.1995, wherein he appointed two other persons as Trustees of the Trust created by him along with existing three Trustees. The plaintiff and 1^st defendant were appointed as Administrators of the Trust. It was also claimed that after death of L.Lakshmanan @ Yaghava Munivar, there was misunderstanding between the plaintiff and defendants and the 1^st defendant started acting against interest of the plaintiff and attempted alienation of the properties. Further, they also obtained a Legal Heirship Certificate, as if they alone were Legal Heirs of L.Lakshmanan @ Yaghava Munivar. Hence, the present suit was filed seeking above said declaration and other incidental prayers.

6. The defendants 1 and 2 filed written statement and denied the averment in the plaint, as if the plaintiff was eldest son of L.Lakshmanan @ Yaghava Munivar. According to the defendants 1 and 2, the plaintiff was an orphan and his parentage was not known. The L.Lakshmanan @ Yaghava Munivar took pitty on the abandoned child and provided him with food, clothing and education etc. It was also stated that L.Lakshmanan @ Yaghava Munivar brought him up and helped him to get married and provided him with properties. It was also stated that the plaintiff was not Member of the family and he never lived with the family member of L.Lakshmanan @ Yaghava Munivar. It