Legal Question in Family Law in India
Rights of illegitimate child
Whether illegitimate child has got the right over his father's property under the Hindu Succession Act? Is there any recent Supreme Court judgement on this issue? If yes, please provide the citation.
4 Answers from Attorneys
Re: Rights of illegitimate child
An illegitimate child has right over his/her father's property. There are number of Judgments in this aspect.
Re: Rights of illegitimate child
It is well settled law that an illegetimate child as got right in the property of the father, even according to Hindu succession Act. Several Judgements of Supreme court and High court have explained the position. However, the illegitimate wife is not eligible to claim any share.
Re: Rights of illegitimate child
As laid down by various Judgments, it is a well settled law that an illegitimate son / daughter has a right over the fathers property to the tune mentioned under Section 8 of the HSA. There are various Judgments on the issue, and the recent one being delivered by the Karnataka High Court in Year 2003. Citation not readily available.
Re: Rights of illegitimate child
It�s a well settled law that even illegitimate children have similar rights over the property of the parents as legitimate children, there have been plethora of Supreme Court and various High Court judgements in which this point has been reiterated. One of the landmark decisions on this issue is Chikkamma & Others v. N Suresh & Others, it�s a Karnataka High Court decision reported in the year 2000, here in this case also similar issue was to be decided by the court and it was held that even the illegitimate children have same rights as are conferred upon the legitimate children by law. This stand still holds the ground and is law of the land till date.