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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. JAYACHANDRAN, J.
Sreejith Alias Abhilash S/o.M.P. Leela, (Minor) – Appellant
Versus
Chalilparambath Radha, (Died) W/o. Deceased Radhakrishnan – Respondent
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 9th 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 9th 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 9th 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 il
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.
The main legal point established in the judgment is that a child born out of a void marriage is not entitled to claim partition of the joint family properties during the lifetime of the parent but ma....
Illegitimate children are entitled to inherit the property of their parents under Section 16 of the Hindu Marriage Act, 1955, and are to be treated as legitimate for succession purposes.
A son born from a void marriage has rights to inheritance under amendments to the Hindu Succession Act, affirming equal status to legitimate and illegitimate children in claims for partition post the....
Proof of marriage is essential for legitimacy and property rights under the Hindu Marriage Act.
Children born to a void marriage are entitled to property shares under the Hindu Marriage Act, despite the marriage's invalidity.
Children born from void marriages are entitled to inherit their father's share but do not hold coparcener rights until the father's death.
Established children, regardless of legitimacy, have equal rights to inheritance under the Hindu Succession Act, 1956, which recognizes prior mutations as binding for determining property shares.
The court ruled that an oral partition was established and the plaintiff cannot claim partial partition without including all relevant properties, adhering to heirs' rights under Hindu law.
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