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2008 Supreme(Online)(KER) 20462

HIGH COURT OF KERALA
C.N. RAMACHANDRAN NAIR, HARUN-UL-RASHID, JJ
JANE ANTONY – Appellant
Versus
V.M.SIYATH – Respondent


Advocates:
SRI.P.R.VENKETESH, SRI.K.G.ANIL BABU, SRI.CYRIAC KURIAN, SRI.R.D.SHENOY (SR.), SRI.S.VINOD BHAT

JUDGMENT

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 recognising 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 father's first marriage are legitimate or illegitimate in the eye of law.

2. The appeal 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 M.A.C.A. No. 1324 of 2004 -2-

motor accident on 3.5.1993 while studying for M.S Course in the Medical College, Kottayam. The motor bike in which the deceased was travelling a

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