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Devakrishnan (Consultant)     24 May 2010

is illegimate child a legal child?

hi friends

is illegimale child a legal hair ,pls reply with jurdgement copy.


 10 Replies


Yes illegimate child has all the rights in the property, it is law wo what is the necessity of Judgment.

N.K.Assumi (Advocate)     25 May 2010

Even adopted son is an "heir" . Illegitimate son means only the status of a child born of parents not legally married at the time of birth.

1 Like

Arup (UNEMPLOYED)     25 May 2010

yes mr assumi is absolutely right.

Devajyoti Barman (Advocate)     25 May 2010

Section 16 of the Hindu Marriage Act clearly spells out that the child out of void as well as voidable marriage is legitimate child for all practical purposes.

Devakrishnan (Consultant)     26 May 2010

thanks a lot friends

shankar (advocate)     27 May 2010

illegitimate chile is equivalent right with the legitimate and it is a settled law

As per Sec.112 of Evidence Act birth during marriage, conclusive proof of legitimacy - no case law is required to proof as it is settled one.

shankar amshala



ya leal child

if the illegitimate child is born during the wed lock  period he/she can be consider as a legitamate child

Devesh A. Bhatia (Advocate)     04 July 2010

Illegitimate child of a male is not a valid legal heir but an illegitimate child of a female is a valid legal heir. 

Case- Gurbachan Vs. Kichar Singh AIR 1971 Punj 240. An adopted son is real son for all objects and purposes

girish (officer)     08 April 2011

gi, my name is father have two wifes.... iam son of second wife.. my father dont have any self owning property....but have an ancentral proferty of 8 crores (market valu)... my father died two months ago without writing any will... so recently suprem court bench ruled that illegitement child can have equail right to ancentral property that of legitement child... so i want to know that can i get my grand fathers proferty.......... please reply

Devakrishnan (Consultant)     08 April 2011


The SC Verdict is not final yet because the bench had refered this verdict to the chief Judge of INDIA.

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