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2007 Supreme(Ker) 246

M.SASIDHARAN NAMBIAR
Chodon Puthiyoth Shyamalavalli Amma – Appellant
Versus
Kavalam Jisha – Respondent


Judgment :-

Whether an illegitimate child is entitled to a share in the property of his father is the interesting question to be decided in the appeal.

2. Peringali Padmanabhan Nambiar was a document writer. He married first appellant/second defendant in 1966. Appellants 2 to 4 who are defendants 3 to 5 were born iii that wedlock. Fifth respondent who was the sixth defendant is the mother of Padmanabhan Nambiar. Appellants 6 to 8 are the assignees of the properties from appellants 1 to 5. First respondent is the daughter of second respondent who was the first defendant in the suit. According to respondents, Padmanabhan Nambiar married second respondent on 21-6-1975 at her residence and first respondent was born in that wedlock on 8-10-1976. It was contended that plaint schedule properties which originally belonged to deceased Padmanahhan Nambiar on his death devolved on appellants 1 to 5 and respondents being his legal heirs and each of them is entitled to a share. First respondent instituted the suit seeking separation of her share. Second respondent in the written statement also claimed her share of the property contending that she is the legally wedded wife of Padmanabhan Nambiar



























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