Illegimate sons right in property

Querist : Anonymous (Querist) 11 November 2011 This query is : Resolved
can illegimate son be maintained out of coparcenary property.is he entitled to maintenance with his putative fathers coparcenary or other coparcenars?

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Devajyoti Barman (Expert) 11 November 2011
Of course from his putative father's copercenary.
However as per the recent supreme court decision the illegitimate has share only in the self acquired property of his biological father and not in his ancestral joint property.

Piyush Vaishnava (Expert) 11 November 2011
i do agree with mr. barman

s.subramanian (Expert) 11 November 2011
I differ from Mr.barman. The Hindu Law in this regard lays down that an illegitimate son is not entitled to claim any sort of right including that of maintanance over the co parcenary property. He is entitled to claim a share only in the separate property of the father as per the interpretations of the Supreme Court of India under Sec.16 A of the Hindu Marriage Act,1956. Hence has has no right to claim maintenance over the co parcenanry property till the co parcenary continues and the family remains joint.

Querist : Anonymous (Querist) 11 November 2011
pls give any judgement mr burman u support ur view

prabhakar singh (Expert) 11 November 2011
where are you gentle man!

i support the view expressed by
Mr.s.subramanian .

Rajeev Kumar (Expert) 11 November 2011
I am also of the view expressed by S. Subramanian

ajay sethi (Expert) 11 November 2011

Illegitimate children have a right in ancestral property

Justice Ganguly has referred the matter to a larger bench in view of the conflicting judgments on the issue and change in societal attitudes.

The recent Supreme Court ruling in Revanasiddappa v Mallikarjun (March, 2011) upheld the right of inheritance of illegitimate children.

Supreme Court upheld the right of illegitimate children to the father’s share in ancestral property - Judgement
Revanasiddappa v Mallikarjun

Supreme Court Decided on 31st March, 2011.

from the Bench of Justice G.S. Singhvi and Justice Asok Kumar Ganguly

In a historically ruling, the Supreme Court upheld the right of illegitimate children to the father’s share in ancestral property. The ruling dissented from the earlier position held in Jinia Keotin v. Kumar Sitaram Manjhi, (2003) 1 SCC 730 and Bharatha Matha v. R. Vijaya Renganathan, AIR 2010 SC 2685 which had constrained the rights of illegitimate children to the separate property of the father and had held that a child born in a void or voidable marriage was not entitled to claim rights in ancestral property.

While referring the issue to a larger bench in the context of the contradictory positions between the earlier rulings and the present one, the Court held: ““The Court cannot interpret a socially beneficial legislation on the basis as if the words therein are cast in stone. Such legislation must be given a purposive interpretation to further and not to frustrate the eminently desirable social purpose of removing the stigma on such children.”

The Court relied upon Article 39 (f) of the Constitution which mandates that all children must be given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth must be protected against exploitation and against moral and material abandonment.

kuldeep kumar (Expert) 11 November 2011
i m agreed to mr sethi

Shonee Kapoor (Expert) 11 November 2011
Agreed with most of the experts. :-)

Illegitimate sons have now equal right in father's ancestral (coparcner) property.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

prabhakar singh (Expert) 12 November 2011
Even if this judgement was not there ,the legal position was exactly there.

Illegitimate children can not form coparcenary with father in properties inherited by him as ancestral in which his legitimate sons[now children] are copareceners ;but shall inherit all properties left by him either as self or as personal or as coparcenary share.

Illegimate sons right in property

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