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Case Name - Revanasiddappa & Anr vs Mallikarjun & Ors on 31 March, 2011
Citation - 2011 (86) ALR 450
Bench - G.S. Singhvi, Asok Kumar Ganguly
Parties Involved -
Appellant - Revanasiddappa & another
Respondent - Mallikarjun & others
Facts of the Case
The case was earlier filed in the trial court by the petitioner and her two children against the respondents. The plaintiff was the first wife. She claimed 1/4 share in the property of the husband which was given to the second wife of the man. She claimed that the man married the second wife while his first marriage still continued. Hence the second wife and the children do not have any rights in the ancestral property.
While the defendants contended that the said property was not ancestral property and self-acquired property. Hence they can inherit it. They also claimed that the plaintiff had no right to the partition as she was not the legally wedded wife of the defendant.
The trial ruled in favor of the plaintiff. The defendant aggrieved by the order filed an appeal in the higher court.
Issue of the Case
Whether the 'illegitimate' children have the right to inherit the ancestral property?
Judgment of the Case
The honorable court said that "In view of the legal fiction contained in Section 16, the illegitimate children, for all practical purposes, including succession to the properties of their parents, have to be treated as legitimate. They cannot, however, succeed to the properties of any other relation on the basis of this rule, which in its operation, is limited to the properties of the parents."
"In the instant case, Section 16(3) as amended, does not impose any restriction on the property right of such children except limiting it to the property of their parents. Therefore, such children will have a right to whatever becomes the property of their parents whether self-acquired or ancestral."
The court also observed that "relationship between the parents may not be sanctioned by law but the birth of a child in such relationship has to be viewed independently of the relationship of the parents. A child born in such a relationship is innocent and is entitled to all the rights which are given to other children born in a valid marriage."
It is however pertinent to note that this case was related to a matter where there was marriage but not a valid form of marriage. Hence the inheritance rights of a child born out of a live-in relationship is still a debate in India. But such cases are an important precedent for the future.
Similar Cases
For a more simple understanding, refer to the article " Can Children Born From Live-in Relationship Inherit Property?" by clicking the button below.
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