Adoption severs ties with biological family, says Madras high court

CHENNAI: On the date of adoption, the ties of the adoptive child with his biological family shall be deemed to be severed and replaced by those created by the adoption in the adoptive family, Madras high court has held.
“Thus, it is clear that the adoptive child is construed to be a member of the adopted family, all the ties of the child are replaced in the adoptive family created by adoption,” Justice G K Ilanthiraiyan said.

The judge made the observation while setting aside an order passed by Revenue Divisional Officer, Erode, granting legal heir certificate to biological siblings of an adopted son after the latter’s death.
According to petitioner V Sakthivel, his grandfather Sengota had three children Ramasamy, Varanavasi and Lakshmi. He is the son of Varanavasi.

Ramasamy married Sivakami. Since they had no children, they adopted one Kottravel Sethupathi in 1999. Ramasamy and Sivakami died leaving behind Kottravel Sethupathi as their sole legal heir, he said.
On Sept 6, 2020 Kottravel Sethupathi also died without any Class I legal heir as per the Hindu Succession Act. While the petitioner is Class II legal heir, Kottravel Sethupathi’s biological siblings obtained legal heir certificates to inherit the properties left behind by him.

Aggrieved, he has moved the present plea challenging the order.

Allowing the plea, the court set aside the order granting legal heir certificates to the biological siblings of Kottravel Sethupathi.