An illegitimate child is entitled to inherit from his parents under Section 16 of the Hindu Marriage Act, provided the marriage was established, but not from others.

JUDGMENT :

1. A suit for partition of the year 1988 is the subject matter of these appeals. The suit O.S.No.3/1988 was decreed, but declined share to the 9^th defendant, an alleged illegitimate son of late Radhakrishnan. Radhakrishnan's wife Radha is the plaintiff. Late Radhakrishnan's mother and siblings are defendants 1 to 8. Challenging the judgment and decree in O.S.No.3/1988, two appeals were carried, of which, A.S. No.490/1990 was filed by the 9^th defendant; and A.S. No.530/1990, by defendants 1 to 8. The plaintiff is the respondent in both the appeals. A learned Single Judge of this Court, by judgment dated 22.07.1998, allowed both appeals and set aside the judgment in O.S.No.3/1988, recognising a share to the 9^th defendant, the illegitimate son. An appeal preferred before the Division Bench, vide A.F.A No.51/1999, was allowed on a technical ground. The Division Bench found that defendant nos.5 and 7 - one Sathi and Suseela - were no more at the time when the two appeals (A.S.Nos.490/1990 and 530/1990) were decided, and thus, the common judgment was one passed with the dead persons in the party array. On such premise, the judgment was held to be void, since the appeals were ill-constituted. The appeals were accordingly remitted for reconsideration by the Single Bench, after impleading the legal heirs of deceased defendants 5 and 7. It is accordingly that these appeals have now come up for consideration.

2. This Court will first deal with the death of the parties and the impleadment of their legal heirs.

A.S.No.490/1990 The 1^st respondent, Radha passed away pending the appeal and her legal representatives were impleaded as additional respondents 10 to 12, as per Order in I.A.No.2391/2016 dated 03.09.2024. The 2^nd respondent, Nani also died and respondents 3 to 9 were impleaded as legal representatives of deceased R2. The 3^rd respondent, Soumini also passed away and as per the memo filed, respondents 5, 9 and 17 to 20 were recorded as legal heirs of deceased R3. The 4^th respondent, Rugmini also passed away and respondents 5, 9 and 17 to 20 are her legal heirs, recorded as per memo filed. The 6^th respondent, Sathi passed away and as per Order in I.A.No.2351/2016, additional respondents 13 and 14 were recorded as the legal heirs of deceased R6. The 7^th respondent Raveendran died and as per Order in I.A.No.2403/2016, his legal heirs were impleaded as additional respondents 17 to 20. Respondent no.8, Suseela died and as per Order in I.A.No.2389/2016, her legal heirs were impleaded as additional respondents 15 and 16. The 10^th respondent, Haridasan passed away and as per Order in I.A.No.2/2024, his legal heirs were impleaded as additional respondents 21 and 22. The 13^th respondent, Bharathan also died and a memo was filed to record the 14^th respondent as his legal heir. A.S.No.530/1990 There were originally 8 appellants. Additional appellants 9 to 16 were subsequently impleaded. Appellants 1, 2, 3, 5, 6, 7 and additional appellant no.9 are no more now. Additional appellants 9 and 10 are the legal heirs of deaceased 5^th appellant, Sathi, who were impleaded as per Order in I.A.No.2396/2016. Additional appellants 11 and 12 are the legal heirs of deceased 7^th appellant, Suseela, who were impleaded as per Order in I.A.No.2902/2016. Additional appellant nos.13 to 16 are the legal heirs of 6^th appellant, Raveendran, who were impleaded as per Order in I.A.No.2394/2016. Appellants 2 to 8 are the legal heirs of deceased 1^st appellant, Nani as recorded vide memo dated 05.10.2016, duly corrected as per Orders in I.A.No.1/2025. Appellants 2 and 3 died unmarried and issueless. They bequeathed their rights over the property in favour of appellants 4, 6 and 8 by virtue of a Will. On the death of 6^th appellant, his rights devolved upon additional appellants 13 to 16. 10^th Appellant being the only daughter of deceased 9^th appellant is recorded as his legal representative, as per memo dated28.08.2024.

3. Coming to the respondents in A.S.No.530/2019,