Lawstreet Journal

Child Born Out Of Live-In-Relationship Not Entitled To Claim Inheritance In Ancestral Property, But Can Claim A Share In Self Acquired Property: SC

Lawstreet Journal 7 Oct 2019 7:42am

Image courtesy: Lawstreet Journal Judiciary Child Born Out Of Live-In-Relationship Not Entitled To Claim Inheritance In Ancestral Property, But Can Claim A Share In Self Acquired Property: SC

The Supreme Court on May 17, 2010, in the case of Bharatha Matha & Anr. v. R. Vijaya Renganathan & Ors., has held that child born out of live-in-relationship is not entitled to claim inheritance in Hindu ancestral joint family property but can only claim a share in parents self-acquired property.

The ruling was passed by a Division Bench comprising of Justices B. S. Chauhan and Swatanter Kumar while quashing a Madras High Court judgment, which took the view that children born out of live-in relationships were entitled to a share in ancestral property.

In this case, a dispute arose whether the two children of Rangammal, born on account of a live-in relationship with a bachelor Muthu Reddiar, were entitled to a share in the latter's ancestral property after his death.

The respondents (claimants) had not pleaded at any stage that the suit land was a self-acquired property of Muthu Reddiar, the Bench said.

"It is evident from the record that Muthu Reddiar did not partition his joint family properties and died issueless/intestate in 1974. Therefore, the question of inheritance of coparcenary property by the illegitimate children, who were born out of the live-in relationship, could not arise," it said.

The appellants had contended that Rangammal was already married to one Alagarswami Reddiar and hence the purported live-in-relationship was void and neither she nor her children could stake claim for a share in the property.

A Trial Court and the first appellate court both ruled in favour of the appellants on the ground that Rangammal was… Continue Reading...


Tagged: supreme court in india  
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