Supreme Court examines if illegitimate child has right over ancestral property
NEW DELHI: The Supreme Court on Wednesday took up an interesting question concerning Hindus: Would an illegitimate child born out of a void or voidable marriage be entitled to the property of parents or have coparcenary right over the properties belonging to a Hindu Undivided Family (HUF)? As some of the contesting counsel veered towards a consensus that under Section 16(3) of the Hindu Marriage Act, 1956 a child born to a void or voidable marriage would be entitled to an equal share with children born to the legitimate wife/husband from the parent’s property, some others propped a doubt as to whether that property would include the self-acquired property of the parent or the inherited ancestral property. Arguments plumbed the depths of existing jurisprudence and threw up several hitherto judicially unattended nuances emerging from Section 16, which provided a clarification to the property right of an illegitimate child and limited it to parental property.
Only clarification given by Section 16(3) is that such a child would have no rights over properties of other members of a HUF. This was explained by some counsel as a bar on the right of an illegitimate child over the properties held under HUF, where every child born to valid marriages within the undivided family is entitled to a share of jointly-owned property the moment he/she takes birth.
Even after day-long engrossing arguments, when a bench of Chief Justice D Y Chandrachud, and Justices J B Pardiwala and Manoj Misra intended to reserve the verdict, several counsels desired to place their submissions on this issue, forcing the court to schedule further hearing on Thursday. The genesis of the issue was from a trial
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