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Illegitimate child

(Querist) 16 June 2009 This query is : Resolved 
What is the status of a child born to a married man but from another woman, if he subsequently divorces his first wife and then marries the second woman? Will the child still be illegitimate?
adv. rajeev ( rajoo ) (Expert) 16 June 2009
illegimate child has got share in the self acquired property of the father, he is not entitte to claim any share in the ancestral property, there will not be any discrimination between legitimate and illegitimate child. Illegitimate child is not coparcener.
sanjeev murthy desai (Expert) 16 June 2009
Yes off course Subsequent marriage cannot changes that illegitimate child status.

sanjeev desai


Kiran Kumar (Expert) 16 June 2009
sanjeev is correct....subsequent marriage will not confer legitmacy retrospectively.
Khaleel Ahmed (Expert) 16 June 2009
Illegitimate child means a child born out of wed lock. Subsequently marriage cannot change his status of illegitimate.Had they married bofere the birth of child he or she can be treated as legitimate on even the birth took place one day before the marriage of the couple.
newlawyer1 (Querist) 16 June 2009
Thank you all for the response.

But difference in opinion with Rajeev sir... illegitimate child may not be entitled to claim ancestral inheritance but if it explicitly specified in will, any form of inheritance to the child is possible, including ancestral. Is this correct?

Mr.Khaleel, you said even if the birth took place one day before marriage of the couple, the child could have been legitimate. Could you please kindly elaborate why it is limited to one day? By which ruling / law.
Kiran Kumar (Expert) 16 June 2009
khaleel sahib u made this query interesting, pls elaborate, i would also like update my knowledge.
A V Vishal (Expert) 16 June 2009
Sorry friends

The definition of illegitimate child as per Sri Khaleel is being born out of wedlock, then what is a legitimate child then?
M. PIRAVI PERUMAL (Expert) 17 June 2009
I think he had missed the word NOT. Illegitimate child means a child NOT born out of the wedlock. My curiosity about the one day theory still remains and needs clarification Me Khaleel.
Uma parameswaran (Expert) 18 June 2009
There is decision from Maharastra Court that Unborn child is a living person. If so how a ilegitimate child get legitimacy if born one day before or one day after the marriage.


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