Adopted child is Class I legal heir

Setting aside an order of the Dhenkanikottai tahsildar refusing to consider an adopted daughter as Class I heir as per the Hindu Succession Act, Justice K Ravichandrabaabu said, “Though such adopted child, in the adoptive family is not the child by biological creation, it should be borne in mind that such adopted child is child of the adoptive family by legal creation, which status certainly confers on such child all such rights as a biological child in the adoptive family.” 

“Once such right is conferred under law, the said child is to be considered, treated and given the status as the child of the adoptive family, as the prefix ‘adopted’ is bound to vanish... from the day of adoption,” the judge added. 

According to the case, petitioner Mamtha married S Chandrasekar in 1987. As there was no issue out of their wedlock, they adopted C Soundarya, while she was aged 1.5 years from Mamtha’s brother and his wife on November 24, 1994, as per their family customs. A deed of adoption was also registered in the file of Sub Registrar, Dhenkanikottai. But Chandrasekar died intestate on June 19, 2017, leaving behind his wife and adopted daughter as legal heirs. All records such as school transfer certificate, ration card and community certificate had the name of Soundarya as daughter of Chandrasekar and Mamtha.