Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
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Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
UKKU v. HORATHALA
,MENIKA v. MENIKA et al.
, 2022 0 Supreme(Jhk) 1211.MENIKA v. MENIKA et al.
, 2022 0 Supreme(Jhk) 1211, 2011 0 Supreme(SC) 345.The law explicitly limits inheritance rights of illegitimate children to self-acquired property of the father, excluding rights to ancestral or collateral property
UKKU v. HORATHALA
, 2022 0 Supreme(Jhk) 1211.Guardianship and Custody:
KM. SANAYA SHARMA (MINOR) AND ANOTHER Vs State - Allahabad
.The rights of guardianship for illegitimate children are generally more limited compared to legitimate children, and step-parents or grandparents do not automatically acquire guardianship rights 2025 Supreme(Online)(Jhk) 3899.
Legal Principles and Judicial Viewpoints:
KM. SANAYA SHARMA (MINOR) AND ANOTHER Vs State - Allahabad
, 2023 0 Supreme(Chh) 201.Illegitimate children generally lack rights to ancestral or joint family property but may inherit from their father’s self-acquired property under specific legal conditions. Their guardianship rights are primarily with the mother for young children, with courts prioritizing child welfare. The law limits inheritance and guardianship rights for illegitimate children, reflecting societal and legal distinctions based on legitimacy. These legal principles aim to protect the child's welfare while recognizing the social stigma attached to illegitimacy.
References:- 2022 0 Supreme(Chh) 572-
UKKU v. HORATHALA
- KM. SANAYA SHARMA (MINOR) AND ANOTHER Vs State - Allahabad_HC_UPHC010352512022- 2024 0 Supreme(MP) 710- 2022 0 Supreme(Bom) 1583- 2022 0 Supreme(Jhk) 1211- 2011 0 Supreme(SC) 345
In family disputes over inheritance, one common question arises: Does an illegitimate child have rights in the grandfather’s property? This issue often surfaces in Hindu families dealing with ancestral or , where emotions run high and legal nuances can make all the difference. While the law has evolved to protect children born from , their rights remain strictly limited—especially when it comes to grandparents' assets.
Disclaimer: This article provides general information based on Indian legal precedents, primarily under Hindu law. It is not legal advice. Consult a qualified lawyer for your specific situation.
An illegitimate child generally does not have rights in the grandfather’s property, particularly in coparcenary or , unless specific legal provisions or exceptional circumstances apply. Under the (HMA), children born out of are deemed legitimate for certain purposes but are explicitly restricted to inheriting only from their parents' property—not from other relatives like grandparents. 2011 0 Supreme(SC) 345 2023 6 Supreme 202
clarifies: such children do not have rights in or to the property of any person other than their parents, including grandfathers or ancestors. 2011 0 Supreme(SC) 345 2023 6 Supreme 202
confers legitimacy on children born from , removing the social stigma of illegitimacy. However, this is limited to rights in their parents’ property. 2023 6 Supreme 202 As the held in Jinia Keotin (2003), children from void or illegal marriages cannot claim inheritance in ancestral or . 2011 0 Supreme(SC) 345
In Revanasiddappa (2011), the Court reaffirmed that legitimacy under does not extend to property of other relations, including grandfathers. 2023 6 Supreme 202
Courts consistently rule that these children cannot claim shares in grandparental or joint family property, especially during the grandfather's lifetime. 2005 0 Supreme(Kar) 417 2011 0 Supreme(Raj) 286 Their rights are confined to the parents' property and do not devolve by survivorship in coparcenary setups. 2003 1 Supreme 441 2005 0 Supreme(Kar) 417
From additional precedents: No child whether legitimate or illegitimate, acquires any right by birth in the separate property or the of its parents. Thus, even self-acquired property isn't claimable by birth, let alone ancestral shares. 2020 0 Supreme(Chh) 192 Further, As illegitimate child is not a coparcener, he can exercise his right in father's property only on his father dying . No birth rights in exist. 2018 0 Supreme(Bom) 1137
There is no doubt that in an of the father, illegitimate child cannot claim any share.
Indubai Jaydeo Pawar VS Draupada @ Draupadi Jaydeo Pawar - Current Civil Cases
2017 0 Supreme(Bom) 2054While illegitimate children may inherit from their father's self-acquired property (equal to legitimate siblings in some cases), they have no automatic rights in ancestral or joint family property. 2024 0 Supreme(Cal) 1150 2024 0 Supreme(Mad) 2248 This aligns with HMA limits, where rights stop at parents' assets. 2005 3 Supreme 569
In Patel Chandrappa (1989), rights were held confined to parents' property, not joint family or ancestral. 2008 0 Supreme(Kar) 103
Such children cannot seek or inheritance in grandparental property while the grandfather lives. 2005 0 Supreme(Kar) 417 2011 0 Supreme(Raj) 286 They lack coparcener status and cannot disrupt joint family holdings. 2003 1 Supreme 441
After the grandfather's death, property devolves per succession laws, but these children are not recognized as heirs to his share unless through parental inheritance. Rights remain tied to parents. 2003 1 Supreme 441 2005 3 Supreme 569
KM. SANAYA SHARMA (MINOR) AND ANOTHER Vs State -
2022 0 Supreme(Chh) 572In this section, the expression 'father' and 'mother' do not include a step-father and a step-mother. preserves limited guardianship.
KM. SANAYA SHARMA (MINOR) AND ANOTHER Vs State -
Illegitimate children face social stigma impacting rights, but law protects basic parental inheritance while barring ancestral claims. 2023 0 Supreme(P&H) 1483 2022 0 Supreme(Bom) 1583
The law balances compassion for illegitimate children with protections for structures. Key takeaway: No rights in grandfather's property under standard rules—limited to parents' self-acquired assets. Families should plan via wills or legal advice to avoid disputes.
For personalized guidance, consult a Hindu law expert. Stay informed on evolving jurisprudence.
Indubai Jaydeo Pawar VS Draupada @ Draupadi Jaydeo Pawar - Current Civil Cases
, 2024 0 Supreme(Cal) 1150,KM. SANAYA SHARMA (MINOR) AND ANOTHER Vs State -
, 2018 0 Supreme(Ker) 283
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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