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Arun Krishnan (Student)     25 January 2009

Case laws regarding inheritance rights of illegitimate children

Can anyone help me with latest caselaws from kerala HC and the SC regarding inheritance rights of illegitimate children?


 6 Replies

rajeev (advocate)     27 January 2009

illegitimate sons are not entittled for the share in the ancestral property of the father, but they are entittle for the equal share in their father's self earned properties  there are so many rulings recently from karnataka high court also  if u want details send ur email so i can send it to u

Devakrishnan (Consultant)     11 April 2009


send me the copies to

laxminarayan (lawyer)     30 June 2009

send me copy plz on

Jacob JN (Asst manager)     13 October 2011

Sir, Plz send the copies to




VELU (P)     24 June 2012

Dear Sir,


Please send me the copies to


D. Velu


The Supreme Court on Friday pronounced that illegitimate children will have the right to ancestral property. A two-judge bench of Justices GS Singhvi and AK Ganguly have deviated from previous SC judgments holding that the has taken a divergent view from earlier SC judgments.

The bench pronounced, what appears to be an important judgment said that the child should not be deprived of their legitimate property rights. "A child born in such a relationship is innocent and is entitled to all the rights which are given to other children born in valid marriage. Right to property is no longer fundamental but it is a Constitutional right and Article 300A contains a guarantee against deprivation of property right save by authority of law," the bench said.

The divergence of the stand is due to the changing face of the society, the honorary bench believes that the very concept of legitimacy stems from social consensus. Justice Ganguly said in a statement, “Law takes its own time to articulate such social changes through a process of amendment. That is why in a changing society, law cannot afford to remain static," Justice Ganguly, writing the judgement, said.

The highest court in past have given legitimacy to Live-in relationships, therefore the current decision seems to be logical.

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