September 11, 2012

SC: Property Rights of Illegitimate Children- Case sent to Larger Bench

The questions before Supreme Court were:

What are the property rights of illegitimate children under Hindu Law?

1) Are they entitled to a share in the Coparcenary (Ancestral) property also?

2) Or, are they entitled to only share in self acquired property of parents?

Since there were conflicting judgements,  SC bench has referred the questions to larger Bench.

In my view, social consequences will be disastrous if illegitimate children are given rights in ancestral property.

Because then, adults and also married who are sons/daughters of rich, will be exposed to unlimited honey-traps. The aim of such honey trap will be to get share in Rich Parents property.

For more plz. See 2011(4)SCALE Page 189 Ravanasiddappa Case order dated 31.3.2011 in Civil Appeal 2844 of 2011

Haresh Raichura
11/9/2012