"Kerala High Court Denies Legal Heir Certificate to Adopted Individual Without Valid Adoption Documentation
In a recent ruling, the Kerala High Court has upheld that individuals seeking a legal heirship certificate must provide substantiated proof of adoption through valid documentation. The case, known as Prameela L v State of Kerala & Ors., emerged when a petitioner contested the denial of a legal heir certificate by the Tahsildar. The petitioner had sought the certificate to qualify for a compassionate appointment under a dying-in-harness scheme. The petitioner claimed to be the adopted child of her late stepfather, Gopalan. However, the Tahsildar rejected the application due to a lack of credible evidence substantiating the adoption claim.
The petitioner, represented by advocates A Balachandran Kulasekharam and VR Gopu, submitted various documents, including a settlement deed and death cum retirement gratuity, to support her case. She argued that the requirement for a formal certificate of adoption under the Hindu Adoptions and Maintenance Act, 1956, was impractical since she was of Christian faith and adoption by a Hindu adoptive parent was legally implausible in her situation.
Examining the submitted evidence, a division bench of Justices Alexander Thomas and C Jayachandran concluded that none of the documents presented convincingly demonstrated the fact of adoption. The High Court ruling emphasized that the absence of both a legally recognized adoption document and concrete evidence indicating the adoption fact rendered the denial of the legal heirship certificate justified.
The Court's decision echoed the view that without valid adoption documentation or verifiable proof of the adoption itself, authorities are justified in withholding the issuance of a Legal Heirship Certificate. Advocate General Office Kerala represented the State, Tahsildar, and other concerned entities in the case. The Court's verdict ultimately upheld the Tahsildar's decision and dismissed the petitioner's plea, highlighting the importance of concrete proof when seeking legal recognition of adoption status."
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TAGS: Kerala High Court Legal Heir Certificate Adopted Individual Valid Adoption Documentation Prameela L v State of Kerala & Ors. Tahsildar Compassionate Appointment Dying-in-Harness Scheme Adoption Proof Hindu Adoptions and Maintenance Act 1956 Christian Faith Division Bench Justices Alexander Thomas C Jayachandran Settlement Deed Death Cum Retirement Gratuity Adoption Fact Concrete Evidence Advocate A Balachandran Kulasekharam VR Gopu Absence of Adoption Document Denial of Certificate Legal Recognition Advocate General Office Kerala Verdict Dismissal of Plea.
