Tuesday , December 24 2024

Madras High Court

In a judgment with far-reaching implications, the Madras High Court has held that biological relatives of an adopted child are not entitled to the property of that child. The court said that when a child is adopted, his relationship with his biological family ends.

The biological parents or other relatives of the adopted child cannot own the property that the child inherits from the adoptive family. The High Court said that the property of the adoptive family cannot be claimed under the Hindu Adoption and Maintenance Act, 1956. Justice G.K. Elanthirayan said in the order dated June 5 that Section 12 of the Act makes it clear that when a child is adopted, the relationship with the birth family ends. Even after the death of the adopted child, his relatives cannot claim the property of the adoptive parents. The day a child is adopted, his relationship with his biological family ends. From then on, all property rights go to the adoptive family. The court gave the above verdict while hearing the petition of V. Sakthivel. The petition states that he should be given a certificate regarding his relationship with his cousin so that he can claim his property.

what is the event?

Sakthivel claimed that his grandparents had two sons. One was named Ramasamy and the other was Varnavasi. They had a daughter named Lakshmi. Sakthivel was the son of Varnavasi. Ramasamy and his wife had no children. In 1999 they adopted a child named Kottravel. This Kottravel died in 2020. Sakthivel and his two cousins ​​as well as Foi Lakshmi's daughter claimed his property. However, the court ruled that Kottravel's relationship with his biological family ended after the adoption.