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C.N.RAMACHANDRAN NAIR, HARUN-UL-RASHID
Jane Antony – Appellant
Versus
V. M. Siyath – Respondent
Key Points: - The judgment held that illegitimate children may be entitled to succeed to the estate of the deceased where evidence shows they were born in a relationship akin to marriage, and that such status can be recognized for inheritance purposes. (!) (!) (!) - The court discussed apportionment of compensation under the Indian Succession Act and for Motor Vehicles Act claims, determining how one-third to the widow and the remainder to lineal descendants, while considering illegitimate children as eligible heirs in certain circumstances. (!) (!) (!) - The judgment analyzes legitimacy definitions, cohabitation presumptions, and the broadening interpretation of "legal heirs" to include children born out of wedlock when the parents lived together as husband and wife for a substantial period. (!) (!) (!)
Harun-Ul-Rashid, J.
Right of succession of illegitimate children born to Christian parents is the bone of contention cropped up for consideration in this case. While considering this, the following issues arise for consideration.
(i) Whether the requirement of a central legislation recognizing the right of illegitimate children of all classes irrespective of their religion to inherit the property of their parents is the need of the hour?
(ii) Whether illegitimate children born to Christian father and mother are entitled to inherit the property of their father under the Indian Succession Act?
(iii) Whether children born to parents living as husband and wife during the subsistence of the fathers first marriage are legitimate or illegitimate in the eye of law.
.2. Theappeal is directed against the award passed by the Motor Accidents Claims Tribunal, Pala in O.P.(MV) Nos.1073 of 1995 and 1270 of 1995. The case of the appellants in brief is as follows:
.The deceased Dr.Antony was a 36 year old doctor who died in a motor accident on 5.1993 while studying for M.S Course in the Medical College, Kottayam. The motor bike in which the deceased was travelling as pillion rider along
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