Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Illegitimate Child's Rights to Property Generally, illegitimate children are not entitled to inherit or claim rights in ancestral or paraveni (ancestral) property, especially in the context of Hindu law. They are often restricted to rights in their parents' self-acquired property, and their inheritance rights are limited or denied depending on the specific laws and circumstances. For example, Armour's Edition (Perera's) states that illegitimate children have no rights to their paternal grandfather's paraveni property and cannot inherit collateral property (UKKU v. HORATHALA).
Guardianship and Custody The welfare of the minor is the paramount consideration in guardianship and custody matters. In cases involving illegitimate children, the mother is usually recognized as the natural guardian, especially for children under five years old, with the father gaining guardianship thereafter, unless specific circumstances favor the mother or other guardians. Courts tend to favor the mother’s custodial rights over the grandmother's, considering the child's best interest (Nagendra Kumar Joshi, son of Gulab Chandra Joshi VS Suklal Bandhe, son of late Bisahu Das Bandhe - Chhattisgarh, KM. SANAYA SHARMA (MINOR) AND ANOTHER Vs State - Allahabad, Sucheta Bhadoriya vs Ambarish Singh - Madhya Pradesh).
Legal Position on Illegitimate Children The law acknowledges that illegitimate children do not automatically inherit property from their paternal relatives, particularly ancestral property, and their rights are often limited to their parents' self-acquired assets. Sections of the Hindu Marriage Act and Guardians and Wards Act clarify that illegitimate children are excluded from certain inheritance rights unless explicitly provided by law or specific circumstances, such as recognition or legitimacy through legal proceedings. The doctrine that illegitimate children have no rights in ancestral or collateral property is reinforced by legal judgments (Rajendra Kumhar son of late Indru Kumhar VS Deputy Commissioner, P. O. & P. S. - Gumla, Dist. Gumla - Jharkhand, Raunak Yadu, S/o. Homeshwar Yadu, (Minor), Through Uncle Gulab Yadu VS General Public - Chhattisgarh, Ashoke Bagdi @ Putu Bagdi VS Jayanta Banerjee - Calcutta, Rajendra Kumhar son of late Indru Kumhar VS Deputy Commissioner, P. O. & P. S. - Gumla, Dist. Gumla - Jharkhand).
Legal Exceptions and Recognition Some laws and judgments recognize that illegitimate children can have rights in their parents' self-acquired property, especially if legitimacy is conferred through legal means or if the child is recognized by the father. However, these rights are generally not extended to ancestral or joint family property unless explicitly stated. For instance, Section 16(3) of the Hindu Marriage Act clarifies that children born from void or annulled marriages typically do not have rights in property other than their parents' (Ashoke Bagdi @ Putu Bagdi VS Jayanta Banerjee - Calcutta, Raunak Yadu, S/o. Homeshwar Yadu, (Minor), Through Uncle Gulab Yadu VS General Public - Chhattisgarh).
Conclusion In summary, under Hindu law and relevant legal precedents, illegitimate children do not have automatic rights to their paternal grandfather's ancestral or paraveni property. Their inheritance rights are primarily confined to their parents' self-acquired property, and custody is generally awarded to the mother or the guardian deemed most suitable for the child's welfare. The law emphasizes the child's best interest over parental or familial rights in such matters.
References:- Nagendra Kumar Joshi, son of Gulab Chandra Joshi VS Suklal Bandhe, son of late Bisahu Das Bandhe - Chhattisgarh, UKKU v. HORATHALA, KM. SANAYA SHARMA (MINOR) AND ANOTHER Vs State - Allahabad, Sucheta Bhadoriya vs Ambarish Singh - Madhya Pradesh, Sudeep Suhas Kulkarni VS Abbas Bahadur Dhanani - Bombay, Ashoke Bagdi @ Putu Bagdi VS Jayanta Banerjee - Calcutta, Rajendra Kumhar son of late Indru Kumhar VS Deputy Commissioner, P. O. & P. S. - Gumla, Dist. Gumla - Jharkhand, Raunak Yadu, S/o. Homeshwar Yadu, (Minor), Through Uncle Gulab Yadu VS General Public - Chhattisgarh, Amrik Singh VS Union Territory of Chandigarh Through Its Principal Secretary - Punjab and Haryana, T. Mallika VS K. Mathivanam - Madras
In the complex world of Hindu inheritance laws, one question often arises: . This stems from longstanding legal principles under the , and pivotal judgments. Families grappling with disputes frequently encounter this issue, especially when or are involved. While confers certain protections, it doesn't unlock doors to grandparents' estates.
This blog post breaks down the legal position, drawing from statutory provisions, case law, and judicial interpretations. Note: This is general information based on established precedents and not personalized legal advice. Consult a qualified lawyer for your specific situation.
The , defines () and voidable () marriages. Children born from such unions are deemed under (1) and (2). However, (3) imposes a crucial restriction:
Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and or which is annulled by a decree of nullity... any rights in or to the property of any person, other than the parents...
This means, despite , such children's inheritance is confined to their parents' property, excluding ancestral, coparcenary, or grandparental assets.
Key takeaway: is a legal fiction for the child's benefit but doesn't extend to collateral relatives like grandfathers.
The judiciary has consistently upheld these limits. In Jinia Keotin v. Kumar Sitaram Manjhi (2003) 1 SCC 730, the ruled that children from or illegal marriages, even if declared , lack rights in ancestral or —only in parents' .
Similarly, Revanasiddappa v. Mallikarjun (2011) 11 SCC 1 clarified: children from / are entitled only to parents' property, not grandparents' or joint family property during the ancestor's lifetime.
The Court emphasized: children born out of or , even if under , do not automatically acquire rights in grandparental or .
From additional precedents:
No child whether or illegitimate, acquires any right by birth in the or the self acquired property of its parents. Thus they acquire no title to such property by birth.
And crucially for coparcenary:
As illegitimate child is not a , he can exercise his right in father's property only on his father dying intestate.
This reinforces that illegitimate children cannot claim shares in during the grandfather's lifetime.
Hindu law differentiates:
Ancestral/: Shared by birth among coparceners (sons, daughters post-2005 amendment). Illegitimate children are not coparceners and gain no . They can't demand partition during the grandfather's life.
: Parents can bequeath via will or . Illegitimate children may inherit from parents equally with siblings, per amendments (1976). However:
There is no doubt that in an of the father, illegitimate child cannot claim any share.
Guardianship notes from sources highlight:
In this section, the expression father and mother do not include a step-father and a step-mother... in case of an illegitimate boy or an illegitimate unmarried girl—the mother, and after her, the father.
But property rights remain parent-limited. is separate: An illegitimate child is also entitled to get from his father, though is irrelevant here.
While the rule is strict, exceptions exist:
: Adopted children gain full coparcenary rights in the adoptive family.
Family Arrangements or Statutes: Specific wills, settlements, or laws might confer rights, but these are rare.
Post-Parent's Death: If the parent inherits from grandfather first, the child may indirectly claim via parent's share—but not directly from grandfather.
(1976 amendment) progressed by granting rights in father's property (self-acquired), removing social anomalies for marriage children. Yet, remains off-limits.
Other contexts affirm: Illegitimate children have no rights to paternal grandfather's paraveni (ancestral) property and are excluded from unless recognized. (Drawing from broader Hindu law principles in sources like , )
For families:
Examine Documents: Check marriage validity, adoption papers, or wills.
Court Scrutiny: Disputes require proving limits under . Courts interpret narrowly.
Child's Welfare: While property rights are restricted, custody prioritizes welfare—often favoring the mother for young illegitimate children.
In disputes, proof of adoption or legal mechanisms is essential for ancestral claims.
Under Hindu law, an illegitimate child generally has no rights in the grandfather’s property, particularly ancestral or coparcenary assets during the grandfather's lifetime. Rights are limited to parents' property per (3) and rulings like Jinia Keotin and Revanasiddappa.
Key Takeaways:- No in . - Parent-confined inheritance despite . - Exceptions via adoption or specific arrangements. - and custody are separate protections.
This position balances tradition with child welfare reforms. For tailored advice, engage a family law expert. Stay informed on evolving jurisprudence!
On 11.04.2022, statement of the child was also recorded before this Court, in which, minor child – Tanishq stated that he does not want to join the company of appellant/father and wants to stay with the respondent/maternal grand father. ... after him, the mother; Provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother; (b) in the case of an #HL_....
Armour (Perera's Edition), page 8, section 7, deals with the case of a man who had an illegitimate son. The father died first and then the grand-father. ... We would, accordingly, recommend that illegitimate children be declared to have no rights whatsoever to the paraveni property of their father, and that legitimate children or their issue should be ....
—In this section, the expression "father" and "mother" do not include a step-father and a step-mother" Section 6(a) of the said Act, therefore, preserves the right of the (b) in case of an illegitimate boy or an illegitimate unmarried girl—the mother, and after her, the father; (c)in the case of a married girl—the husband: Provided that no person shall be entitled to act as the natural guardia....
personality would be more prominent in guardianship of his father rather than in company of his maternal grand parents. ... child, as father. ... : provided that the custody of a minor who has not completed the age of five years shall ordinarily be with the mother; (b) in case of an illegitimate boy or an illegitimate unmarried girl—the mother, and after her, the father....
are not considered, merely because the personal law applicable to the minor child indicates that being an ‘illegitimate child’, she can have no rights towards inheritance or descent. ... as the father, although petitioner No.1 is the biological father of the minor child. ... Learned counsel for the petitioners has fairly brought to the notice of this Court the position ....
of their father and could only stake a claim in his self-acquired property. ... conferring legitimacy in terms of sub-section (1) on a child born from a void marriage and under sub-section (2) to a child born from a voidable marriage which has been annulled, the legislature has stipulated in subsection (3) of Section 16 that such a child will have rights to or in the property#H....
of an illegitimate boy or an illegitimate unmarried girl-the mother, and after her, the father”; 15. ... (3) Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under section 12, any rights in or to the property of any person, other than the parents, ... i....
this Act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents”. ... At the time of Admission of this appeal, the following substantial questions of law were framed vide order dated 07.09.2022 :- (i) Whether an illegitimate son from a concubine is entitled to inherit the property of his father? ... ....
The law thus did not extend to confer any right at par on father of an illegitimate child as have been conferred on father of a legitimate child. ... stigma of being an illegitimate child. ... being of the minor illegitimate girl child. ... The only check on the guardians act of giving child in adoption is under Sect....
rights in the property of any person other than the parent. ... claim a right to the property which does not belong exclusively to his father. ... Lakshmiammal and others, wherein the learned Judges have held that a father can make provision of property for an illegitimate son. d. Recognition of plaintiff as family member by defendants 1, 3 to 5. 14.5. ... While conferr....
No child whether legitimate or illegitimate, acquires any right by birth in the separate property or the self acquired property of its parents. Thus they acquire no title to such property by birth. Separate or self acquired property of a member of the coparcenary or joint family cannot be the subject matter of partition amongst the member of a co-parcenary or Joint family. They do not possess any antecedent title to such property.
As illegitimate child is not a coparcener, he can exercise his right in father's property only on his father dying intestate. Consequently, such a child does not acquire any right by birth in any property, much less coparcenery or joint family property. He has no right by birth and hence, he cannot be given any share even in the property of his parents till they are alive.
There, the question is whether the child has been begotten in a sexual intercourse with the person from whom maintenance is claimed. An illegitimate child is also entitled to get maintenance from his father. So, legitimacy of birth is totally irrelevant and insignificant while considering the right of the child to get maintenance from his father. In short, legitimacy and paternity are different and distinct.
However, he has equal right like his legitimate sibling in the property of his father. 10. Section 16 was introduced by the Act No.68 of 1976 to recognise the right of an illegitimate child in the father’s property. There is no doubt that in an ancestral property of the father, illegitimate child cannot claim any share. The Legislature has taken a progressive step by introducing this section with a view to remove certain social anomalies in respect of the child born to a coup....
10. Section 16 was introduced by the Act No. 68 of 1976 to recognise the right of an illegitimate child in the father's property. The Legislature has taken a progressive step by introducing this section with a view to remove certain social anomalies in respect of the child born to a couple in the void marriage. There is no doubt that in an ancestral property of the father, illegitimate child cannot claim any share. However, he has equal right like his legitimate sibling in th....
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