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Kumar (BSC)     27 June 2014

Llegitimate kids have a right to ancestral property.

Dear Sir / madam,

Kindly advice for the outcome / or status of the below matter as it was referred for reconsideration to larger Bench. Whether children will have a right to - Property of their parents - Self acquired or ancestral?.

Topic:.

Important Decision(s)-
 HM Act - Sec. 16 (3) does not impose right of children on property born from void marriage self acquired or ancestral. 

ILC-2011-SC-MAT-Mar-3

Revanasiddappa & another Vs. Mallikarjun & others

The Hindu Marriage Act, 1955 - Section 16 Legitimacy of children - Void and voidable marriage - Suit filed - Trial Court properties were not self-acquired but ancestral properties - Third plaintiff was legally wedded wife of first defendant - Plaintiffs and first defendant - Entitled to 1/4th share each in all suit properties - High Court - First plaintiff, second plaintiff and first defendant - Entitled to 1/3rd share each in suit properties - Claim of third plaintiff - Second, third and fourth defendants - Rejected - Appeal - Whether illegitimate children are entitled to a share in coparcenary property - Whether their share is limited only to self-acquired property of their parents under Section 16(3) - section 16(3) does not impose any restriction on property right of children born from void marriages - Limiting it to property of their parents - Such children will have a right to - Property of their parents - Self acquired or ancestral - Matter referred for reconsideration by larger Bench.

Regards

Kumar 
bcseka@gmail.com

 

 



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