A legacy redefined: The Consequence of adoption

The Adoption: In a small village, a couple named Ramasamy and Sivakami, who were childless, decided to adopt a boy named Kottravel Sethupathi. In 1999, when Kottravel was just a year and a half old, the adoption was formalized, severing all his ties with his biological family. From that day forward, Kottravel was legally recognized as the son of Ramasamy and Sivakami, and all his rights, responsibilities, and inheritance were tied to his adoptive parents.

A Happy Family: Kottravel grew up cherished and loved by his adoptive parents, embracing his new identity fully. The bond they shared was strong, and for all legal purposes, he was Ramasamy and Sivakami's son, inheriting their legacy and estate.

Tragedy Strikes: Years later, both Ramasamy and Sivakami passed away, leaving their estate to Kottravel. Kottravel's ties to his biological family had been legally severed, and he was the sole heir to his adoptive parents' property. Unfortunately, Kottravel also passed away in 2020, without leaving any children.

A Dispute Arises: After Kottravel's death, his biological siblings saw an opportunity to claim his inheritance. Despite the legal severance of ties due to the adoption, they argued that they should have rights to his property. V. Sakthivel, the son of Kottravel’s adoptive uncle, applied for a legal heirship certificate, asserting the rights of Kottravel’s adoptive family.

Legal Battle: The local authority initially issued the certificate to Sakthivel and a few others from the adoptive family. However, Kottravel's biological siblings contested this decision, leading to the cancellation of the initial certificate and prompting Sakthivel to take the matter to court.

Court’s Verdict: The court's judgment reaffirmed the principles of Section 12 of the Hindu Adoptions and Maintenance Act, 1956. It was declared that the adoption severed all ties with the biological family, and Kottravel’s legal identity and inheritance were solely within the adoptive family. The court noted:

"An adopted child shall be deemed to be the child of his or her adoptive father or mother for all purposes from the date of adoption. All ties with the family of birth are replaced by those created in the adoptive family."

Resolution: The court ruled in favor of Sakthivel, affirming that the biological siblings had no legal claim over Kottravel’s property. The inheritance rightfully belonged to his adoptive family, solidifying the principle that adoption fully integrates a child into the adoptive family, with all former ties legally and permanently severed.