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.


Asked on 6/21/04, 2:03 am

4 Answers from Attorneys

G B SABARI DAS R.SUBRAHMANYAM & ASSOCIATES

Re: Rights of illegitimate child

An illegitimate child has right over his/her father's property. There are number of Judgments in this aspect.

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Answered on 6/22/04, 6:28 am
Balasubramanian Ganesan Swamy & Subramanian Advocates

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.

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Answered on 6/21/04, 7:00 am
Vivek Anand M/S.VIVEK ASSOCIATES

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.

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Answered on 6/21/04, 8:40 am
AVIK SAHA SAHA & RAY

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.

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Answered on 6/21/04, 10:44 am


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