SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1985 Supreme(Bom) 248

N.K.PAREKH
Raghunath Nana Patil – Appellant
Versus
Nana Rama Patil & others – Respondent


Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. An illegitimate child who is equated to a legitimate child under Section 16 of the Hindu Marriage Act, 1955, is entitled to share in the ancestral property of his father during the father's lifetime [judgement_subject][judgement_act_referred].

  2. The legal status of the child's legitimacy is determined by the marriage's validity, and even if the marriage with the child's mother is void or voidable, the child can be considered legitimate for property rights purposes (!) .

  3. Section 16 of the Hindu Marriage Act, 1955, explicitly states that children born from a marriage that is null and void are to be treated as legitimate, and this status grants them rights in the property of their parents, including ancestral property (!) .

  4. The rights conferred by Section 16 extend to all property of the parents, not limited to self-acquired property, and include the right to seek partition during the lifetime of the father (!) .

  5. The rights of an illegitimate child under Section 16 are not restricted to rights after the death of the parent; they can claim a share during the parent's lifetime, and there is no legal requirement that such claims can only be made posthumously (!) .

  6. The claim of an illegitimate child to a share in ancestral property is valid, and the child's entitlement is generally proportional to the other children, often resulting in a one-sixth share if there are other siblings involved (!) .

  7. The division of property should be made considering all legal heirs, including illegitimate children, and their respective shares, which may be adjusted based on the number of heirs and the nature of the property (!) .

  8. The legal proceedings confirmed that the illegitimate child's claim to property rights during the father's lifetime is valid, and the court set aside lower court orders, declaring the child's share as one-sixth of the ancestral property (!) (!) .

Please let me know if you need further analysis or assistance with specific legal questions related to this case.


JUDGMENT - PAREKH N.K., J.: - The appellant in this matter is the original plaintiff in Regular Civil Suit No. 78 of 1975 on the file of the Court of the Civil Judge, Junior Division, Radhanagari at Radhanagari and the appellant in Regular Civil Appeal No. 360 of 1977 on the file of the Extra Assistant Judge, Kolhapur.

2. The facts that give rise to this appeal are that one Rama Aba Patil had two sons viz., Nana Rama Patil (respondent No. 1 herein) and Annappa Rama Patil (respondent No. 4 herein). Gojabai (wrongly described in the paper book as Yojabai) respondent No. 3 is the first wife of the said Nana Rama Patil respondent No. 1. Shripati respondent No. 2 is the son of the said Nana and Gojabai respondent No. 3. On or about the 23rd April, 1966, the said Nana Rama Patil, respondent No. 1 contracted a second marriage viz. with one Ratnabai. Raghunath (the appellant herein) and one Sonabai and one Anutai are the children of this second marriage. The said Sonabai and Anutai are, however, not parties to these proceedings. The said Rama Aba Patil died on 18th May, 1966, and his death, his properties devolved upon the said Nana Rama Patil (respondent No. 1) and Annapa Rama Patil (respo
















Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top