Latest on Right of the Illegitimate Child
- Inheritance Rights under Kandyan Law
- Illegitimate children generally do not have the same inheritance rights as legitimate children under Kandyan Law. However, in certain cases, they may succeed to the acquired property of a deceased person, especially if no legitimate heirs are present.
For example, in a case where a Kandyan died intestate, an illegitimate child was entitled to succeed to the property ahead of the mother and siblings, recognizing some rights in specific circumstances ["
RANHAMI v. MENIK ETANA
"].Legal Recognition and Limitations
- The concept of procreate right traditionally grants inheritance rights to legitimate children and their fathers but does not extend such rights to illegitimate children. Under Kandyan Law, a father is not an heir to his illegitimate child's property, especially regarding acquired property ["
BANDA v. BANDA
"]. The law acknowledges limited rights for illegitimate children, such as inheritance from certain sources or under specific statutes, but generally restricts their rights compared to legitimate children ["
RANKIRI v. UKKU
"], ["RANKIRI v. UKKU
"].Citizenship and Legal Status
Citizenship laws, such as those interpreted under the Federal Court, recognize that illegitimate children born to non-citizen mothers may have rights to citizenship, but these do not necessarily confer inheritance rights under customary or statutory law ["
CKM & ANOR vs PENDAFTAR KELAHIRAN DAN KEMATIAN & ORS - High Court Malaya Kuala Lumpur
"].Custody and Guardianship
Under Roman-Dutch Law, which is applicable alongside Kandyan Law, the father does not have automatic custody rights over an illegitimate child against the maternal grandmother. Custody rights are more favorably inclined toward the mother or maternal relatives ["
KALU v. SILVA T.H. et al.
"].Legislation and Statutory Rights
- Certain statutes, such as the Ordinance No. 39 of 1938, use the term child inclusively, meaning both legitimate and illegitimate children, thereby granting some rights to illegitimate children in inheritance and succession.
Specific laws, like the Muslim Marriage and Divorce Act, provide maintenance rights for illegitimate children from their putative fathers, recognizing some legal protections ["
ADIYAR VS. AMEEN
"].Guardianship and Maintenance
- The law recognizes the mother as the sole guardian of an illegitimate child, with limited rights conferred upon the father. Maintenance rights can be claimed from the putative father under particular statutes, but guardianship remains primarily with the mother ["SRI00000083476"].
Analysis and Conclusion
The legal landscape indicates that illegitimate children in Sri Lanka and similar jurisdictions have limited inheritance and guardianship rights under Kandyan and Roman-Dutch Law. While some statutory provisions extend certain rights, these are often restricted and context-dependent. Inheritance rights are generally more restricted for illegitimate children, especially concerning ancestral or collateral property, but they may succeed to acquired property in specific circumstances, notably when no legitimate heirs exist.Custody and guardianship primarily favor the mother, with the father’s rights being limited, though maintenance rights can be recognized under specific statutes. Overall, the legal recognition of illegitimate children's rights has evolved but remains constrained compared to those of legitimate children.
References:-
RANHAMI v. MENIK ETANA
,BANDA v. BANDA
,RANKIRI v. UKKU
,KALU v. SILVA T.H. et al.
,ADIYAR VS. AMEEN
, SRI00000083476,CKM & ANOR vs PENDAFTAR KELAHIRAN DAN KEMATIAN & ORS - High Court Malaya Kuala Lumpur
