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 do not have automatic rights to inheritance or property from their paternal side, especially in ancestral or joint family property contexts. Their rights are often limited to their parents' self-acquired property, and they are excluded from inheritance in collateral lines unless specific legal provisions apply. Sources: UKKU v. HORATHALA, 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, Sucheta Bhadoriya vs Ambarish Singh - Madhya Pradesh
Legal Guardianship and Custody - The natural guardians of an illegitimate child are typically the mother first, then the father. Custody decisions prioritize the child's welfare, often favoring the mother for children under five years of age, but the child's preference and welfare are paramount. Guardianship laws do not automatically confer rights to illegitimate children in property matters. Sources: Nagendra Kumar Joshi, son of Gulab Chandra Joshi VS Suklal Bandhe, son of late Bisahu Das Bandhe - 2022 Supreme(Chh) 572 - 2022 0 Supreme(Chh) 572, KM. SANAYA SHARMA (MINOR) AND ANOTHER Vs State - Allahabad, Sucheta Bhadoriya vs Ambarish Singh - Madhya Pradesh
Inheritance Limitations for Illegitimate Children - Courts have consistently held that illegitimate children are not entitled to inherit ancestral or collateral property unless explicitly provided by law. They are usually restricted to rights in their parents' self-acquired property, and their status as illegitimate is a significant factor in denying inheritance rights in broader family property. Sources: UKKU v. HORATHALA, Rajendra Kumhar son of late Indru Kumhar VS Deputy Commissioner, P. O. & P. S. - Gumla, Dist. Gumla - Jharkhand, Sudeep Suhas Kulkarni VS Abbas Bahadur Dhanani - Bombay, Raunak Yadu, S/o. Homeshwar Yadu, (Minor), Through Uncle Gulab Yadu VS General Public - Chhattisgarh
Legal Provisions and Exceptions - Certain statutes, such as the Hindu Marriage Act, recognize illegitimate children for inheritance of self-acquired property under specific conditions, but generally exclude them from inheritance rights in ancestral or joint family property. Recognition of legitimacy and rights depends on the nature of the marriage (void or voidable) and specific legal provisions. Sources: Ashoke Bagdi @ Putu Bagdi VS Jayanta Banerjee - Calcutta, Raunak Yadu, S/o. Homeshwar Yadu, (Minor), Through Uncle Gulab Yadu VS General Public - Chhattisgarh, Sudeep Suhas Kulkarni VS Abbas Bahadur Dhanani - Bombay
Main Insight - The prevailing legal view is that illegitimate children have limited rights primarily confined to their parents' self-acquired property and do not possess automatic rights to inherit or claim rights in grandfather's or ancestral property. Their rights are subject to specific laws and judicial interpretations that emphasize the importance of legitimacy and the nature of property involved. Sources: Multiple references
Conclusion: An illegitimate child generally does not have rights in a grandfather's property, especially in ancestral or joint family assets. Their rights are primarily restricted to their parents' self-acquired property unless explicitly extended by law or legal rulings. Custody and guardianship laws prioritize the child's welfare, often favoring the mother for young children, but do not automatically confer inheritance rights in family property.
In family law, questions about inheritance often stir deep emotions, especially when legitimacy comes into play. A common query arises: has no Rights in Grand Father’s Property. This stems from Hindu law provisions governing children born from . While these children may be deemed for certain purposes, their property rights are strictly limited. This blog post breaks down the legal landscape, drawing from key statutes like the Hindu Marriage Act (HMA) and interpretations, to clarify these restrictions. Note: This is general information, not legal advice—consult a qualified lawyer for your specific situation.
(as amended), addresses children born of . Under , such children are deemed , removing social stigma and granting them akin to children—but only in their parents' property.
However, explicitly confines these rights: Children born of are only entitled to rights in the property of their parents, not in . The has reinforced this in cases like , holding that children born out of void marriages are only entitled to claim rights in their parents’ property, not in ancestral coparcenary property .
This distinction is crucial: legitimacy is a for parental inheritance, but it does not extend to grandparents' or other relatives' estates Revanasiddappa VS Mallikarjun - 2011 0 Supreme(Raj) 286.
HMA declares such children to protect their interests . Yet, the clarifies: such children are only entitled to the property of their parents and not of other relatives, including grandparents Revanasiddappa VS Mallikarjun - 2011 0 Supreme(Raj) 286. This prevents claims in broader family holdings.
Beyond void/voidable marriages, general principles for illegitimate children align with these limits. For instance, No child whether or illegitimate, acquires any right by birth in the separate property or the self acquired property of its parents—and certainly not by birth in ancestral property . An is not a , he can exercise his right in father's property only on his father dying and has no right by birth... in coparcenery or .
In ancestral property specifically, There is no doubt that in an ancestral property of the father, cannot claim any share . Sources like recommend that illegitimate children be declared to have no rights whatsoever to the paraveni property of their father .
Under the , interpreted alongside HMA Section 16, these children's rights stop at . They do not inherit grandparental assets, as affirmed in multiple judgments: children of , even if deemed , cannot claim rights in grandparent’s property .
This aligns with traditional coparcenary rules, where birth rights require legitimacy within the joint family framework. Illegitimate children lack , excluding them from partitions or shares in grandfather's holdings .
No broad exceptions exist. Rights may arise via wills or family settlements, but statutory inheritance in ancestral property is barred . is a separate right: An is also entitled to get from his father, independent of legitimacy . However, this does not confer property ownership.
While property rights are limited, guardianship prioritizes child welfare. For illegitimate children, the mother is the first, then the father (excluding step-parents) . Custody decisions consider the child's wishes, as in one case where a minor stated that he does not want to join the company of appellant/father and wants to stay with the respondent/maternal grand father .
These rules do not extend property rights: Guardianship laws do not automatically confer rights to illegitimate children in property matters.
Families navigating these issues should:- Understand Limits: Advise that inheritance is confined to parents' property; no automatic grandfather claims .- Estate Planning: Use wills or settlements to provide for such children, avoiding disputes.- Seek Counsel: Professionals must clarify: their rights are confined to their parents’ property only .
In summary, prevailing law states: An generally does not have rights in a grandfather's property, especially in ancestral or joint family assets. Their rights are primarily restricted to their parents' unless explicitly extended by law or legal rulings.
This framework promotes clarity in Hindu inheritance, balancing child protection with family property traditions. For personalized guidance, consult a legal expert. (Word count: 1028)
#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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