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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?.

Advice for the latest status of this issue whether Llegitimate kids have a right to ancestral property?.

Topic:.

 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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 1 Replies

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     26 July 2014

Dear,

 

It clearly lays down that the child under section 16 of HMA will have equal right in self acquired as well as ansectral property .

 

Advocate Kapil Chandna

9899011450


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