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 children born outside marriage are often denied rights to inheritance from paternal ancestors, and their rights are confined to their immediate parents’ properties, primarily self-acquired rather than ancestral. UKKU v. HORATHALA, Ashoke Bagdi @ Putu Bagdi VS Jayanta Banerjee - Calcutta, Raunak Yadu, S/o. Homeshwar Yadu, (Minor), Through Uncle Gulab Yadu VS General Public - Chhattisgarh, Rajendra Kumhar son of late Indru Kumhar VS Deputy Commissioner, P. O. & P. S. - Gumla, Dist. Gumla - Jharkhand
Court Judgments and Principles:
Analysis and Conclusion:Illegitimate children traditionally have restricted rights concerning inheritance, especially from paternal ancestors like a grandfather, where property is classified as paraveni (ancestral). They are primarily entitled to their mother's custody and property rights, with courts prioritizing the child's welfare over legitimacy status. While they may inherit their parents' self-acquired property, they generally do not have rights to ancestral or joint family property, and guardianship is typically held by the mother or the most suitable guardian. The legal framework reflects social norms that limit illegitimate children’s inheritance rights, although modern judgments increasingly emphasize their welfare and potential rights to self-acquired property.
In family law, particularly under Hindu personal law, disputes often hinge on , , and . A common question arises: has no Rights in Grand Father’s Property—but is this accurate? This blog delves into the legal nuances, drawing from statutory provisions like (HMA), landmark judgments, and supporting case law. While this provides general insights, consult a legal professional for advice tailored to your situation.
Under Hindu law, children born from —often deemed illegitimate in contexts—are granted limited via . However, Section 16(3) explicitly curbs their rights: children born of shall not have rights in or to the property of any person other than their parents. This means no automatic claim to ancestral or of grandparents.
The legislative intent is clear: confer status for social purposes but restrict to parental property only, whether self-acquired or joint family holdings of the parents. This distinction prevents such children from diluting larger family estates like a grandfather's ancestral share.
The has repeatedly upheld this in pivotal cases:- In Jinia Keotin v. Kumar Sitaram Manjhi, the Court held that children born out of void or illegal marriages are not entitled to in ancestral or but only in their parents’ properties. - Neelamma v. Sarojamma reaffirmed: children from void/voidable marriages cannot claim ancestral , limited to self-acquired or parental property. - Revanasiddappa v. Mallikarjun clarified: such children have no rights in or to the property of any relation other than their parents, including .
These rulings emphasize that while Section 16 provides a legal fiction of , Section 16(3) acts as a statutory barrier against broader claims.
Hindu law differentiates property types, impacting :- Ancestral/: Passed down generations by birthright to legitimate coparceners. Illegitimate children (per Section 16(3)) are excluded. No child whether legitimate or illegitimate, acquires any right by birth in the separate property or the self acquired property of its parents. - : Parents can bequeath freely; such children may inherit equally with legitimate siblings upon death. As is not a coparcener, he can exercise his right in father's property only on his father dying . - Joint Family Property: Limited to parents' share, not the grandfather's undivided interest.
Supporting sources align: There is no doubt that in an of the father, cannot claim any share.
While property rights are curtailed, other protections exist:- : An is also entitled to get from his father. is irrelevant here; paternity suffices. - : Natural guardians are the mother first, then father (excluding step-parents). In this section, the expression 'father' and 'mother' do not include a step-father and a step-mother. prioritizes biological parents. KM. SANAYA SHARMA (MINOR) AND ANOTHER Vs State - - Courts prioritize child welfare in custody, often favoring the mother for young children. Illegitimate children get mother's custody rights, not grandmother's by default.
Additional analysis notes: Illegitimate children lack rights to paternal grandfather's paraveni (ancestral) property but may access parents' self-acquired assets. UKKU v. HORATHALASudeep Suhas Kulkarni VS Abbas Bahadur Dhanani -
No provided sources suggest expanded rights without legislative change. Claims otherwise contradict statute and precedent.
Generally, an —born of void/voidable marriage—has no rights in grandfather’s ancestral or under current Hindu law, confined to parents' holdings per Section 16(3) HMA. Judicial affirmations like Jinia Keotin and Revanasiddappa solidify this.
Key Takeaways:- : No birthright.- Parental self-acquired: Potential equal share.- /: Available regardless.- Child welfare trumps in custody.
This framework balances social recognition with family property preservation. For personalized guidance, consult a lawyer—laws evolve, and facts vary.
Word count: 1028. This is general information, not legal advice.
#InheritanceLaw, #HinduLaw, #PropertyRights
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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