Ancesiteral property

The Supreme Court today 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.

Dear sirs

I am bit confused and worried about different opinions i get regarding daugters right for ancestral and self acquired property.  Can u pls clarify which are the exclusions for daugter's claim.  My case is as below

My paternal aunt (My fathers sister) 60 years of age, who is married in 1970 is claiming rights in ancestral property and my fathers self acquired property.

Ancestrail property came to my father in 1962/63 as he was eldest son as below:

My Great Grand father (A)
My Grand Father (B) & his 2 Brothers (C & D)
My Father (E) & his sister (F)

Land came from A to B first and then
B to E (B to E in 1962/63)

B died in 1952 and F got married in 1969.
 Land devided among E, C& D later may be in recent years

Now E is claiming share in E's ancestral share of property as well as his self acuiqred and his sons self acquired property.  Does she have any right in ancestral prperoty and my father's (E's)self acquired property? She is also claiming share in the property acquired by us (sons of E)!..

rgds

in 2010 Supreme court declared that the existing law .. of authorising the illegal child in Ancestiral property (said by Madras High Court) was dismissed and new law was set.. by ... Hon B.S. Chavan and Hon  Swantantra Kumar.

This had come in 28th may 2010 News paper... i did not find more detailson that .

Kindly can anyone letme moredetailsabout it....