38.6c New Delhi, India, Thursday, July 25, 2024

Child Born Out Of Live-In-Relationship Not Entitled To Claim Inheritance In Ancestral Property, But Can Claim A Share In Self Acquired Property: SC

By LawStreet News Network      07 October, 2019 02:12 AM      0 Comments
Child Born Out Of Live-In-Relationship Not Entitled To Claim Inheritance In Ancestral Property, But Can Claim A Share In Self Acquired Property: SC

The Supreme Court on May 17, 2010, in the case of Bharatha Matha & Anr. v. R. Vijaya Renganathan & Ors., has held that child born out of live-in-relationship is not entitled to claim inheritance in Hindu ancestral joint family property but can only claim a share in parents self-acquired property.

The ruling was passed by a Division Bench comprising of Justices B. S. Chauhan and Swatanter Kumar while quashing a Madras High Court judgment, which took the view that children born out of live-in relationships were entitled to a share in ancestral property.

In this case, a dispute arose whether the two children of Rangammal, born on account of a live-in relationship with a bachelor Muthu Reddiar, were entitled to a share in the latter's ancestral property after his death.

The respondents (claimants) had not pleaded at any stage that the suit land was a self-acquired property of Muthu Reddiar, the Bench said.

"It is evident from the record that Muthu Reddiar did not partition his joint family properties and died issueless/intestate in 1974. Therefore, the question of inheritance of coparcenary property by the illegitimate children, who were born out of the live-in relationship, could not arise," it said.

The appellants had contended that Rangammal was already married to one Alagarswami Reddiar and hence the purported live-in-relationship was void and neither she nor her children could stake claim for a share in the property.

A Trial Court and the first appellate court both ruled in favour of the appellants on the ground that Rangammal was already married to Alagarswami and hence her illegitimate children were not entitled to any share in ancestral property.

However, the Madras High Court took the view that a live-in relationship between two parties would lead to the presumption of marriage and ruled in favour of Rangammal.

Referring to the Hindu Marriage Act, 1955, the apex court said Section 16 recognised the right of a child to inherit properties of their illegitimate parents, provided it was self-acquired.

In view of the legal fiction contained in Section 16, the illegitimate children for all practical purposes, including succession to the properties of their parents, have to be treated as legitimate. But they cannot succeed to the properties of any other relation on the basis of this rule, which in its operation, is limited to the properties of the parents, the court held.

[Read Judgment]


Share this article:

User Avatar

Leave a feedback about this

Trending Judiciary
Investor Vishvanidhi Dalmia accused of collusion in NSEL Scam, Maharashtra Govt Affidavit reveals [Read Affidavit]

Investor Vishvanidhi Dalmia accused of colluding with NSEL's prime accused Jignesh Shah, as revealed in Maharashtra Government's affidavit filed in Bombay High Court.

24 July, 2024 09:34 AM
Trending Judiciary
SC declines re-test of NEET UG, 2024

SC declines re-test for NEET UG 2024 due to insufficient evidence of systemic paper leak, affecting only 155 students and preserving the sanctity of the exam.

24 July, 2024 10:00 AM


Trending Judiciary

Supreme Court allows compounding of offence in cheque dishonour case, emphasizing the priority of compensatory aspects over punitive in settlements.

19 July, 2024 09:12 AM
Trending Judiciary
Allahabad HC directs Passport Authority to decide on application without prior court permission in pending criminal cases [Read Order]

Allahabad HC directs Passport Authority to decide applications without prior court permission for individuals with pending criminal cases within a specified timeframe.

19 July, 2024 10:03 AM
Trending Judiciary
Restrictions in law not to prevent constitutional court from granting bail if right to speedy trial infringed: SC [Read Judgement]

SC affirms constitutional courts can grant bail despite restrictive laws if the right to a speedy trial under Article 21 is infringed.

19 July, 2024 10:17 AM
Trending Judiciary
Sexual harrasment charges against WB Governor: SC to examine constitutional immunity

The Supreme Court will examine a plea to investigate sexual harassment allegations against West Bengal Governor C V Ananda Bose, challenging his constitutional immunity.

19 July, 2024 01:46 PM


Join Group

Signup for Our Newsletter

Get Exclusive access to members only content by email