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Biological relatives of adoptive child cannot claim inheritance to the property of adopted parents

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The petitioner’s grand father had three children namely; Ramasamy, Varnavasi and Lakshmi.  The petitioner is the son of Varanavasi.

Ramasamy had married Sivakami, they had no children and adopted child Kottravel in 1999 vide registered adoption deed.   He had two biological sisters and one brother.  Ramasamy and had died leaving behind sole legal heir of adopted son.   He also died on 6.9.2020 leaving behind no legal heirs of the first class as per the Hindu Succession Act, 1956.

Varanavasi had two sons and Lakshmi had two daughters – Class II legal heirs of the deceased Ramsamy.   They had applied for legal heirship certificate.   This was objected by biological relatives of the adopted son.

Section 12 of the Hindu Adoptions and Maintenance Act, 1956, provides that on the date of adoption, all ties of the child in the family of birth shall be deemed to have been severed and replaced by those created by adoption in the adoptive family.

Judgment dated 5.6.2024 of the Madras High Court in W.P.No.1386 of 2021 of V. Sakthivel  Vs. The Revenue Divisional Officer and others

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