Legal succession certificate cannot be given to a person adopted without documents: Kerala HC
Kochi (IANS). The Kerala High Court has ruled that a legal succession certificate cannot be given to an adopted person in the absence of valid documents proving the adoption.
The court said this while considering a plea filed by a woman (the petitioner) challenging the decision to deny her legal heir certificate.
In order to apply for compassionate appointment under the dying-in-harness scheme, the petitioner had approached the Tehsildar for a legal heir certificate declaring that he was adopted by his late stepfather Gopalan.
But the Tehsildar refused to give her a legal heir certificate on the ground that she did not produce valid documents to prove that she was adopted.
After this he approached the High Court.
She submitted documents to prove this, including settlement deed, death cum retirement gratuity, to prove that she was effectively his adopted child.
They also pointed out that Gopalan could not adopt her under Section 10 of the Hindu Adoptions and Maintenance Act, 1956, as she was a Christian by religion.
Therefore, it was futile for the concerned authorities to insist on adoption certificate in terms of the said Act, he submitted.
He said that there is no law giving the right to adopt a Christian adopted daughter by Hindu adoptive parents. The petitioner submitted, therefore, that it is impossible in itself to insist on proof of valid and legal adoption.
The High Court considered the documents submitted and found that none of the documents proved the fact of adoption.
The High Court observed, “In the absence of valid and legal adoption, and in any case, in the absence of documents proving the fact of adoption, even if not in terms of law, we issue legal succession certificate in favor of the petitioner.” cannot find fault with the respondent authorities in not issuing the same.”
However, the court pointed out that legal succession certificate cannot be granted in the absence of valid documents proving the adoption.
The Court reasoned, “More than the absence of a legal document evidencing legal adoption, the reason for us to decline the relief sought for is the inference about the fact of adoption from the materials on record.” There is a paucity of evidence.”
Therefore, the High Court upheld the Tehsildar’s decision and dismissed the petition.
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