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Scanned Judgements…!
UKKU v. HORATHALA
"], ["2024 0 Supreme(Cal) 1150"], ["2022 0 Supreme(Jhk) 1211"].Illegitimate children born from void or annulled marriages are generally not entitled to inheritance rights unless laws like the Hindu Marriage Act specify otherwise, and their rights are often limited to their parents' self-acquired property ["2022 0 Supreme(Bom) 1583"], ["2023 0 Supreme(Chh) 201"], ["2022 0 Supreme(Jhk) 1211"].
Judicial Perspectives and Legal Principles
UKKU v. HORATHALA
"], ["2024 0 Supreme(Cal) 1150"], ["2022 0 Supreme(Jhk) 1211"].Analysis and ConclusionIllegitimate children typically lack rights to inherit ancestral or joint family property, but they may have limited rights in their parents' self-acquired property, depending on applicable laws and circumstances. Guardianship generally favors the mother for young children, with courts prioritizing the child's welfare over parental rights. The legal framework clearly distinguishes between legitimate and illegitimate children concerning inheritance and guardianship, often excluding the latter from rights in ancestral property but allowing inheritance from self-acquired assets if laws permit. Ultimately, the child's welfare remains the court's primary concern in custody disputes, with legal provisions and case law reinforcing the limited rights of illegitimate children in property matters.
In Hindu joint families, property disputes often arise around ancestral versus self-acquired assets. A common query is: I Got Possession of a Property which is Not Ancestral after the will it Extinguish my Rights and Transfer to my Son? Give me some Judgements.
This question touches on critical aspects of Hindu law, including the effects of a relinquishment deed, distinctions between ancestral and non-ancestral (self-acquired) property, and inheritance rights of children. Generally, executing a severs your in , converting your share into separate property. However, possessing non- afterward does not automatically extinguish your ownership rights or transfer them to your son during your lifetime. Let's break this down with legal principles and judgments.
A is a legal instrument where a coparcener voluntarily gives up their undivided interest in joint family (ancestral) property without receiving compensation. Under Hindu law, this severs the joint status, and the relinquishing person's share is partitioned out as . Importantly, this does not mean your rights vanish—it simply changes the nature of the property from coparcenary to individual ownership.
Key points:- devolves by birthright among coparceners (typically male descendants up to four generations).- Self-acquired or non- is owned absolutely by the holder and passes via upon death.
Once you possess non- post-relinquishment, you retain full control. No automatic transfer to your son occurs, as children do not acquire rights by birth in . 2020 0 Supreme(Chh) 192
The core answer is no—the deed does not extinguish your rights in the non-, nor does it transfer ownership to your son while you are alive. No child whether legitimate or illegitimate, acquires any in the separate property or the self acquired property of its parents. Thus they acquire no title to such property by birth. 2020 0 Supreme(Chh) 192
This position holds even for ancestral shares post-partition, which become self-acquired.
Children's inheritance hinges on property type and legitimacy. For legitimate children, (like your post-relinquishment asset) forms part of their inheritance upon your death. However, nuances arise with legitimacy, especially under .
Children born from are deemed legitimate but with limited rights: Legitimacy conferred under Section 16 of the Hindu Marriage Act pertains only to rights in the property of the parents, not in ancestral or coparcenary property. 2014 0 Supreme(Tri) 388
Section 16(3) explicitly states: 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... any rights in or to the property of any person, other than the parents. 2014 0 Supreme(Tri) 388
Thus:- Such children have rights only in parents' property (including self-acquired/non-ancestral), not grandparents' . 2023 0 Supreme(Kar) 1216- In your scenario, if the son is from a valid marriage, he inherits equally; if from a void marriage, rights are still confined to your property upon death. 2024 0 Supreme(Mad) 2248
Illegitimate children (including from void marriages) are not coparceners:- As 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 in any property, much less coparcenery or joint family property. 2018 0 Supreme(Bom) 1137- They have equal right like his legitimate sibling in the property of his father, but no birthright in .
Post-relinquishment, your non- aligns with parents' property, accessible to children (legitimate or Section 16-deemed) upon succession. 2023 0 Supreme(P&H) 1483
and rulings reinforce these principles:1. Limitation to Parents' Property: The apex court clarified that Section 16 rights do not extend to . In , illegitimate children succeed only in the father's separate estate post-death. 2014 0 Supreme(Tri) 3882. No Birth Rights in Self-Acquired: Children cannot claim partition in parents' during lifetime. 2020 0 Supreme(Chh) 1923. Void Marriage Legitimacy: Children inherit from parents' ancestral share if partitioned, but not broader family estate. Plaintiff awarded 1/20th share in suit properties as legitimate under Section 16. 2024 0 Supreme(Mad) 22484. Guardianship and Adoption Contexts: (mother first for illegitimate) control, but property rights follow succession laws.
These judgments emphasize: Relinquishment transforms property, but your ownership persists until death or will.
This is general information based on legal precedents and not specific advice. Laws evolve, and outcomes depend on individual circumstances. Always consult a qualified lawyer for personalized guidance.
Word count approximation: 1050
#RelinquishmentDeed #HinduPropertyLaw #InheritanceRights
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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