Legal heir
Mugundhan
(Querist) 25 September 2010
This query is : Resolved
Dear Experts, whether the daughter of second wife (illegal)is a legal heir of a deceased person. Pl explain with citations. Thank You
s.subramanian
(Expert) 25 September 2010
Even though she is illegitimate,she is entitled to succeed to the property of her father under Sec.16A of the Hindu Marraige Act,1955.she is treated as a legal heir with limited rights of succession.
Kirti Kar Tripathi
(Expert) 25 September 2010
I fully agree with Mr. Subramanyam under Sec. 16 of the Hindu Marriage Act, even an illegitimate child is legal heir of a person
Parthasarathi Loganathan
(Expert) 26 September 2010
This fact of daughter of second wife must be documented in the legal heirship certificate of the deceased duly issued by the competent authority to get the protection of Sec 16A of HMA 1956 which I quote as under:
Section 16 - Legitimacy of children of void and a voidable marriages :
Notwithstanding that marriage is null and void under Section 11, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such child is born before or after the commencement of the Marriage Laws (Amendment) Act, 1976 (68 of 1976), and whether or nor a decree of nullity is granted in respect of that marriage under this Act and whether or nor the marriage is held to be void otherwise than on petition under this Act.
Where a decree of nullity is granted in respect of a voidable marriage under section 12, any child begotten or conceived before the decree is made, who would have been the legitimate child of the parties to the marriage if at the date of the decree it had been dissolved instead of being annulled, shall be deemed to be their legitimate child notwithstanding the decree of nullity,
Nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under section 12, any rights in or to the property of any person, other than the parents, in any case where, but for the passing of this Act, such child would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents.
Rajeev kulshreshtha
(Expert) 26 September 2010
Yes,An illegitimate child have a limited share.she can claim share in self acquired property not in ancestral property.A latest apex court judgment which is pronounced in Bharatha Matha &ors. V/s R. Vijaya Renganthan & Ors. cited in2010(2) APEX COURT JUDGMENTS 434 SC will help you.
N.K.Assumi
(Expert) 26 September 2010
Well said by the members.The only exception is that in social matters even if she is called bastard child she can not move the court for defamation after all once a bastard always a bastard.
