Madras HC Allows Legal Heir Certificate for Adopted Child Without Deed

Chennai: The Madras High Court has ruled that adopted children can obtain legal heir certificates even in the absence of an adoption deed, provided there are sufficient documents to substantiate the claim.

Justice N Anand Venkatesh delivered the ruling while hearing the plea of C Nithya, an adopted daughter, whose application for a legal heir certificate was rejected by the Velachery Tahsildar due to insufficient documentation.

The petitioner had applied for the certificate following the deaths of her adoptive parents, P Radhakrishnan in 2021 and Saroja in 2022. The Tahsildar rejected the application on July 21, 2025, citing the lack of an adoption deed. Challenging the decision, Nithya approached the High Court.

The court observed that although the petitioner did not possess an adoption deed, other documents demonstrated that she had always recognized Radhakrishnan and Saroja as her adoptive parents. The judge noted that the Tahsildar should have conducted an enquiry and requested relevant supporting documents.

Justice Venkatesh directed the petitioner to submit an online application along with supporting documents. The Tahsildar is required to conduct an enquiry, receive an affidavit, and issue the legal heir certificate if the petitioner’s claim is substantiated. The process must be completed within six weeks.

Advocate S P Chokkalingam, representing the petitioner, emphasized that the rejection solely due to the absence of an adoption deed ignored other sufficient evidence proving her legal relationship with her adoptive parents.