The Kerala High Court’s recent ruling emphasizes that legal heirship certificates for adopted individuals require valid adoption documentation. The court addressed this matter during a case involving a woman challenging a Tahsildar’s refusal to issue her a legal heir certificate.
The woman, claiming to be the adopted daughter of Gopalan, a deceased part-time sweeper in the GST Deputy Commissioner’s office, sought the certificate to claim compassionate appointment. She presented a settlement deed and death cum retirement gratuity as proof of her adoption.
However, the Tahsildar rejected her request due to the lack of valid adoption documents. She also highlighted that as a Christian, Gopalan couldn’t have adopted her under the Hindu Adoptions and Maintenance Act, 1956, which applies to Hindus.
The petitioner argued that insisting on valid adoption proof was futile due to the absence of legal provisions for a Hindu adopting a Christian. The High Court examined the submitted documents but found no evidence of adoption. As a result, it upheld the tahsildar’s decision, emphasizing the necessity of valid adoption proof for legal heirship certificates.
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