A Study on Property Rights of an Illegitimate Child
Author(s):
Janice Castelino
Keywords:
llegitimate Child, Hindu Marriage Act, Personal Laws, Property Rights.
Abstract
The purpose of this research paper is to analyze the property rights of illegitimate children over their parents’ property. The researcher aims at understanding the rights given to illegitimate children regarding the inheritance of their parents’ property. On the basis of the findings, the researcher stated that there is no particular law that deals with the definition of illegitimate children and hence personal laws of the parents play a vital role in determining these rights. Although, illegitimate children were not recognized, with a dynamic society and the changing social status, illegitimate children are given rights equal to that of the legitimate children under the Hindu Law. However, the Muslim and Christian law do not recognize the term “illegitimate” and hence they are deprived of these rights. The law may stay the same but it is the responsibility of the judiciary to change the laws accordingly to meet the needs of the society. The paper focusing on property rights of illegitimate children mentions that maintenance of illegitimate children is mandatory under Section 125 of CrPC which overrules the personal laws. It is therefore the need of the hour to enact a unified code regarding property right of illegitimate children over their parents’ property. While the child in the current scenario is innocent, the burnt has to be borne by the child himself which needs to be changed.
Article Details
Unique Paper ID: 151307

Publication Volume & Issue: Volume 7, Issue 12

Page(s): 383 - 389
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