Property rights for illegitimate child
2 months ago
My father with his 1st wife has 2 sons and they passed away in 1977 and 1987. Then my father married my mother as his 1st wife is ill and blind. Im illegitimate son as my father didn’t divorced his 1st wife. I was born in 1988 and my father passed away in 1990 may. My father didn’t wrote any will. His mother wrote will in june 1990 that her share belongs to my grand children of my father’s brother. 1st wife of father did the same will and passed away in 1994. Now what share i’ll get and the above wills are valid? Btw 1st wife sold some properties in 1993.
A.Dear Client,
Your question lacks specific details, but it's important to highlight that Section 16(3) of the Hindu Marriage Act, 1955, addresses the inheritance rights of illegitimate children. According to this section, illegitimate children are entitled only to their parents' property and not that of any other relatives. Initially, this was understood as a right limited to their parents' self-acquired property, excluding ancestral property.
However, in the 2011 case of Revansiddappa & Others v. Mallikarjuna & Others, the Supreme Court clarified that illegitimate children have rights not only to their parents' self-acquired property but also to ancestral properties under the Hindu Marriage Act. The court emphasized that illegitimate children have a share in their parent's property, but in the context of joint family property, they cannot independently claim a share.
Your question lacks specific details, but it's important to highlight that Section 16(3) of the Hindu Marriage Act, 1955, addresses the inheritance rights of illegitimate children. According to this section, illegitimate children are entitled only to their parents' property and not that of any other relatives. Initially, this was understood as a right limited to their parents' self-acquired property, excluding ancestral property.
However, in the 2011 case of Revansiddappa & Others v. Mallikarjuna & Others, the Supreme Court clarified that illegitimate children have rights not only to their parents' self-acquired property but also to ancestral properties under the Hindu Marriage Act. The court emphasized that illegitimate children have a share in their parent's property, but in the context of joint family property, they cannot independently claim a share.
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A.Dear Client,
Your query requires more specific details to address suitably. However, it is to be noted that Section 16 (3) of the Hindu Marriage Act, 1955, governs the inheritance rights of illegitimate children. As per Section 16 (3), illegitimate children are 'only entitled to the property of their parents and not of any other relation'. This was interpreted as illegitimate children having the right to their parents’ self-acquired property and not ancestral property. The Supreme Court, however, held that illegitimate children have the right to their parent’s self-acquired as well as ancestral properties under the Hindu Marriage Act while giving its verdict in Revansiddappa & Others Versus Mallikarjuna & Others in 2011. The Supreme Court further ruled that illegitimate children would only be entitled to a share in their parent’s property, but in the case of joint family property, they cannot claim it on their own. Reach out to an Advocate for guidance and steps.
Your query requires more specific details to address suitably. However, it is to be noted that Section 16 (3) of the Hindu Marriage Act, 1955, governs the inheritance rights of illegitimate children. As per Section 16 (3), illegitimate children are 'only entitled to the property of their parents and not of any other relation'. This was interpreted as illegitimate children having the right to their parents’ self-acquired property and not ancestral property. The Supreme Court, however, held that illegitimate children have the right to their parent’s self-acquired as well as ancestral properties under the Hindu Marriage Act while giving its verdict in Revansiddappa & Others Versus Mallikarjuna & Others in 2011. The Supreme Court further ruled that illegitimate children would only be entitled to a share in their parent’s property, but in the case of joint family property, they cannot claim it on their own. Reach out to an Advocate for guidance and steps.
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