What is the right of the illegitimate child in father's property
supriya
(Querist) 07 May 2013
This query is : Resolved
A hindu male member married 3 women. He died intestate. The deceased is having some properties bought out of his own income and some ancestral properties. Now his 3rd wife's son is claiming share in the properties.But the legally wedded wife's daughter is not willing to share the property due to some reasons.The legal heir certificate shows the Son of the 3rd wife as legal heir
My Queries are:
a) What is the right of the son in the father's property?
b) Whether the daughter of the legally wedded wife can deny his rights?
c)Whether the daughter can file the suit for declaration and possession?
d) How can the daughter defend/substantiate her case by denying the rights of the that illegitimate son?
Dear experts, Kindly clarify my doubts. Thanks well in advance.
Devajyoti Barman
(Expert) 07 May 2013
1. Illegitimate child can inherit the property of his biological father.
2. No
3.Yes
4.That the same is ancestral property.
Advocate Ravinder
(Expert) 07 May 2013
The following members are equally eligible for the share of the property of late Hindu:
1)The mother, wife and children of first wife
2) Children of second wife
3) Children of third wife
Note--Second and third wifes are not eligible.
daughter of first wife cannot stop other persons claim in any way.
Advocate M.Bhadra
(Expert) 07 May 2013
The news has taken from The Indian Express on 1st,April,2011 issue.
The Supreme Court on Friday ruled that illegitimate children were not only entitled to a share in the self-acquired property of parents but also in ancestral property.
A bench of justices G S Singhvi and A K Ganguly said in a judgement that such children cannot be deprived of their property rights as what was considered illegitimate in the past may not be so in the present changing society.
"The court has to remember that relationship between the parents may not be sanctioned by law but the birth of a child in such a relationship has to be viewed independently of the relationship of the parents.
"A child born in such a relationship is innocent and is entitled to all the rights which are given to other children born in valid marriage. Right to property is no longer fundamental but it is a Constitutional right and Article 300A contains a guarantee against deprivation of property right save by authority of law," the bench said.
The bench disagreed with a plethora of earlier decisions taken by the apex court in Jinia Keotin and several other cases that illegitimate children were entitled only to a share in the self-acquired property of the parents and nothing beyond that.
In our view, in the case of joint family property, such children will be entitled only to a share in their parents' property but they cannot claim it on their own right.
The only limitation even after the amendment seems to be that during the life time of their parents, such children cannot ask for partition (of property) but they can exercise this right only after the death of their parents.
"Therefore, such children will have a right to whatever becomes the property of their parents whether self acquired or ancestral," the bench said.
Raj Kumar Makkad
(Expert) 07 May 2013
There is equal share of legitimate and illegitimate children in the self acquired properties of the deceased Hindu but the ancestral property shall exclusively go in favour of the legitimate children.
Raj Kumar Makkad
(Expert) 07 May 2013
Self acquired property shall equally be divided among all children whether those are legitimate or not but the ancestral property shall go to only legitimate children.
