Illegitimate Child's Right To Inherit His Father's Ancestral Property: SC Awaits Answers To Question Referred To Larger Bench In 2011

This issue has again popped up before the Supreme Court in a special leave petition titled as Jitender Kumar vs. Jasbir Singh.

In this case, the Punjab and Haryana High Court, while dismissing a second appeal, relied on the judgments of the Apex Court in Bharatha Matha & another Vs. R. Vijaya Renganathan & others, AIR 2010 SC 2685 and Jinia Keotin Vs. Kumar Sitaram (2003) 1 SCC 730 to hold that the children born out of the void marriage were not entitled to claim inheritance of the ancestral coparcenary property and were entitled to claim a share only in the self acquired property of their father.

Before the Apex Court, in special leave petition, following two issues were raised:

Whether in terms of Section 16 of the Hindu Marriage Act, 1955, right of an illegitimate child to succeed to the property of his father will include right to succeed to the ancestral property in the hands of the father.

Whether the father could have willed away his interest in the ancestral property and whether such disposal could be challenged by an illegitimate child

The bench comprising Justice UU Lalit and Justice Aniruddha Bose noted that, in Revanasiddappa and Anr. vs. Mallikarjun And Ors. (2011) 11 SCC 1], a two judge bench of the Apex Court had opined that such children will have a right to whatever becomes the property of their parents whether self acquired or ancestral. Differring with the view taken by coordinate benches, the bench in Revanasiddappa had referred the matter to three judge bench.  Section 16 provides that a child of a void or voidable marriage  can only claim rights to the property of his parents, and no one else.

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