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The Madras High Court on Wednesday gave the ruling that an adopted child have same rights as that of a biological child and will be the child of the adopting mother and father from the date of legal adoption under the Hindu law.
The petition was filed by the a lady M.G Mamtha under Article-226 of the Indian Constitution, through which she was requesting the High Court to issue writ of mandamus in order to order the inferior authority to fulfil their official duties.
The background facts were that one S Chandrasekar died in the June 2017 leaving his wife, who is the petitioner in this case and adopted daughter C Soundarya as his legal heirs.The couple married in the year 1987 and legally adopted the girl named C Soundarya in the year 1994. The same relation of father and daughter was shown in different certificates as well as ration card.Then also in July 2012 the tehsildar rejected the plea of the couple to issue the legal heirship certificate in the name of the daughter, contending that she can’t be treated as a legal heir of class- 1 under the Hindu Succession act.
Justice K Ravichandrabaabu while ruling took the reference of Section 12 of the act and the Supreme court’s discussion in the case of Namdev Vyankat Ghadge v Chandrakant Ganpat Ghadge, where from the both it can be clearly interpreted that the adopted child is a legal creation which has rights same as of the child created biologically.
And hence the court ruled that Soundarya cannot be rejected from getting legal heirship certificate, and also directed the tehsildar to issue the certificate in her name.
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