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Children's of keep or concubine are not entitled to get shar


children's of keep or concubine are not entitled to get share in the property of their father

 Under Section 8 of Hindu Succession Act the property of a male Hindu dying intestate shall devolve on the relatives provided under Class 1 or 2 or the agnates or cognates of the deceased if there is no class I or Class II heirs. Under Section 3(1)(j) of Hindu Succession Act "related" means "related by legitimate kinship". In fact to safeguard the rights of the illegitimate children, proviso thereunder was added to the effect that illegitimate children shall be deemed to be related to their mother and to one another and their legitimate descendants shall be deemed to be related to them and to one another. The deeming provision is not extended to the father of the illegitimate children. It is therefore absolutely clear that only a legitimate kinship is a relative, who is entitled to inherit to the properties of a male Hindu, as provided under the Hindu Succession Act. If so an illegitimate child cannot be a relative under class one, like a legitimate son or daughter.


 2 Replies

Tajobsindia (Senior Partner )     12 January 2013

Sh. N.D. Tiwari's case before D HC is set to test the grey area in reference to Hindu Succession Act which was not answered by even Hon'ble SC till date when even after almost all Hindu Laws were now codified.

Nina Rakheja (unhappily married)     12 January 2013

hello tajob..how r you?

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