A claim for inclusion in a legal heir certificate based on adoption requires the production of legally acceptable documentary evidence to establish the relationship; prima facie satisfaction is necessary for the issuance of such certificates.

PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the Impugned order of Legal Heir Certificate issued by the 3rd respondent vide certificate No. TN7202207191859 dated 25.07.2022 and quash the same as illegal, improper, unlawful, unconstitutional and arbitrary and consequently direct to issue Legal Heir Certificate afresh including Petitioner's name.

ORDER

The petitioner has challenged the legal heir certificate issued by the third respondent in respect of the deceased Kannan, wherein the names of his wife and two children have been included, while the name of the petitioner has been excluded.

2. According to the petitioner, she married one Rajendran after the demise of his first wife, who was the petitioner’s sister. It is her case that she adopted the two sons, namely Kannan and Shanmugasundaram, born through the first wife. Subsequently, the petitioner also had two sons through the said wedlock. The elder adopted son, Kannan, secured employment on compassionate grounds. The said Kannan died on 09.07.2022. However, the legal heir certificate issued by the third respondent includes only the wife and two daughters of the deceased Kannan, and excludes the petitioner. Aggrieved by the same, the present writ petition has been filed.

3. Heard the learned counsel appearing for the petitioner and the learned counsel appearing for the respondents.

4. A perusal of the records reveals that the petitioner has not produced any legally acceptable document to establish that she had validly adopted the deceased Kannan in accordance with law. In the absence of proof of a legally recognized adoption, the petitioner cannot claim the status of a legal heir of the deceased.

5. The legal heir certificate is issued based on prima facie satisfaction of the relationship between the deceased and the claimants. In the present case, the third respondent has rightly confined the certificate to the wife and children of the deceased, who are the undisputed legal heirs.

6. This Court does not find any infirmity or illegality in the issuance of the impugned legal heir certificate by the third respondent.

7. Accordingly, the writ petition stands dismissed. However, liberty is granted to the petitioner to approach the competent civil court for appropriate relief, including declaration of her status, if so advised. No costs.