Legal status of the illegitimate child in India

524 votes

hello madam,
yes, the child or you on behalf of the child can claim share in the self acquired property of the father. but your question is not clear so kindly provide proper details of the case then i will advice you properly.

Advocate Nitin Kumar Jain LawRato

548 votes

Your query raises legitimacy in regard to 4 perspective:-
- Maintenance: -Under the Hindu Adoptions and Maintenance Act, 1956, a Hindu is bound, during his or her life-time, to maintain his or her illegitimate children. The obligation to maintain illegitimate children is now upon both, the father as well as the mother. Not only the illegitimate son, but also an illegitimate daughter, is entitled to be maintained by her father and mother.

- Inheritance:- An illegitimate child is not entitled to succeed to his father. But under the Hindu Succession Act, illegitimate children are deemed to be related by illegitimate kinship to their mother and to one another.

- Joint Family property and petition:- hough the amendment of 1976 in Section 16 now enacts a legal fiction deeming the illegitimate children as legitimate for all practical purposes including succession to their family properties[13] but the court’s jurisprudence until now has been : Child born of void or voidable marriage can only claim share in self-acquired properties of parents not in ancestral property.

- Guardianship:- A mother has a preferential right of guardianship, as per Hindu Minority and Guardianship Act, 1956. The mother is considered the natural guardian of an illegitimate child and after her, the father is the natural guardian, and in the case of a married girl, the husband is the natural guardian.

Advocate Vidhan Vyas LawRato

906 votes

Illegitimate child has full and equal right in his/her father property as legitimate child has. If the person is deny the acceptance, file a case for it. And DNA OR OTHER MEDICAL TEST will prove it in accordance. Contact for further actions in regard.
Best of luck.

Advocate Salil Tripathi LawRato

729 votes

you have not clear what do you want,
as per hindu law, after marriage a child born whether ligitimate or illigitimate but they are legally entitle to get maintenance from their parrents. suppose parents are not sufficient then family member like grandparents are legally bound to give maqintenance.

Advocate Manish Kumar LawRato