ORDER

1. Leave granted.

2. The point involved in the present case is as to whether an illegitimate child can acquire/claim as of right a share in the joint Hindu family property.

3. The High Court relying upon the judgment of a Single Judge of the Andhra Pradesh High Court in G. Nirmalamma v. G. Seethapathi has held that under Section 16(3) of the Hindu Marriage Act, 1955 (for short "the Act"), the illegitimate child would be entitled to succeed/claim a share in the joint Hindu family property as well. This view of the High Court is contrary to the law laid down by this Court in Jinia Keotin v. Kumar Sitaram Manjhi. In the said case this Court, interpreting the same provisions of the Act, has come to the conclusion that an illegitimate child cannot succeed/claim a share in the joint Hindu family property. Such illegitimate child would only be entitled to a share in the self-acquired property of the parents. It has been observed: (SCC pp. 733-34, para 5)

"5. So far as Section 16 of the Act is concerned, though it was f enacted to legitimise children, who would otherwise suffer by becoming illegitimate, at the same time it expressly provides in sub-section (3) by engrafting a provision