Académique Documents
Professionnel Documents
Culture Documents
- Versus -
JUDGMENT
GANGULY, J.
1. Leave granted.
1
another two children from his second wife, the
defendant.
2
defendant also contended that it was the fourth
3
defendant were held entitled to 1/4th share each in
4
7. The Appellate Court held that children born
were:
5
b) At a partition between the coparceners
said properties?"
6
partition against the first defendant was
7
11. The question which crops up in the facts of
reads as follows:
voidable marriages-
(1) xxx
(2) xxx
8
can only claim rights to the property of his
general.
extent.
15. In Kamulammal (deceased) represented by Kattari
9
had died leaving behind an illegitimate son, a
legitimate children.
10
partition of the joint family property, but was
sons.
11
Council held that the illegitimate son was entitled
18. In Gur Narain Das & Anr. v. Gur Tahal Das &
12
son." However, the Bench was referring to those
13
logical position that he shall be entitled to
children").
14
of such an express mandate of the legislature
were rejected.
22. In our humble opinion this Court in Jinia
[(2006) 9 SCC
15
Jinia Keotin (supra) and held that illegitimate
properties.
16
is meant to be ancestral or self-acquired. Section
17
children with respect to property of any person
18
28. The amendment to Section 16 of the Hindu
19
innocent children is the obvious purpose of Section
20
properties of any other relation on the
the parents."
to be reconsidered.
21
the stigma of illegitimacy on such children who are
22
amendment seems to be that during the life time of
23
limitation on the property rights of such children
24
Article 37 in the context of the duty of judiciary,
judgment."
securing-
(a) xxx
(b) xxx
(c) xxx
(d) xxx
(e) xxx
25
manner and in conditions of freedom
material abandonment."
26
will have a right to whatever becomes the property
.......................J.
(G.S. SINGHVI)
.......................J.
27