In Absence Of Legal Document Evidencing Adoption, Legal Heirship Certificate Cannot Be Issued: Kerala HC
The Kerala High Court has held that in case of absence of legal document evidencing the adoption, a Legal Heirship Certificate cannot be issued.
The Court said this in an appeal seeking issuance of the aforesaid certificate by the respondent authorities to the petitioner, in her status as the adopted daughter of the deceased.
A Division Bench of Justice Alexander Thomas and Justice C. Jayachandran observed, “… we are not satisfied of the petitioner's so - claimed status as the adopted daughter of Gopalan. In the absence of a valid and legal adoption, and in any case, in the absence of documents evidencing the factum of adoption, albeit not in terms of law, we cannot find fault with the respondent authorities in not issuing a Legal Heirship Certificate in favour of the petitioner.”
The Bench referred to the decision in the case of Maxin George v. Indian Oil Corporation [2005 (3) KLT 57], where the claim was one for compassionate employment scheme by an adopted son.
Advocate S. Balachandran (Kulasekharam) appeared on behalf of the appellant while Senior Government Pleader Saigi Jacob Palatty appeared on behalf of the respondents.
In this case, the appellant’s mother died when she was of two years and then she lost her father at the age of four years. She was adopted by a man and hence she was residing with him. On attaining the age of 18 years, the said man conducted her marriage with his sister’s son. Thereafter, he died while serving as a part time sweeper in the office of Deputy Commissioner.
The appellant filed an application seeking compassionate appointment under the dying-in-harness scheme but the Legal Heirship Certificate sought for was rejected by the Tahsildar. The appeal carried before the Sub-Collector was dismissed. Aggrieved by this, the appellant approached the High Court seeking directions against the respondents but the Single Judge rejected her prayer.
The High Court in the above regard said, “Having heard the learned counsel appearing for both sides, we cannot, but dismiss the instant appeal, since we find no infirmity or illegality in the judgment impugned. … We notice that the relationship with the nominee is shown as step daughter; and not, adopted daughter.”
The Court while coming to the settlement deed in favour of the appellant, noticed that there was no recital suggesting that the appellant was adopted by the deceased and that she was being treated in all respects as an adopted daughter, with all incidents of a biological daughter.
“More than the absence of a legal document evidencing a legal adoption, what weigh with us to refuse the relief sought for is the complete dearth of evidence suggesting an inference as to the factum of adoption from the materials on record”, noted the Court.
The Court added that the decisions relied upon by the counsel for the appellant are not relevant to the controversy in question, as rightly held by the Single Judge.
“… we are not addressing certain incidental questions posed by the learned Special Government Pleader, that is to say, whether the petitioner is qualified to seek compassionate appointment as a last grade servant; and whether the post of a part time sweeper will come within the posts scheduled under the compassionate appointment scheme etc. The question as to whether the petitioner - who is living with her husband and two children, who have attained majority - is a dependent of deceased Gopalan also looms large”, also said the Court.
The Court concluded that there is nothing evidencing the physical act of giving and taking of the child, nor is there any competent giver of the child in adoption.
Accordingly, the Court dismissed the writ appeal.
Cause Title- Prameela L v. State of Kerala & Ors. (Neutral Citation: 2023:KER:47592)
