Wednesday, December 10, 2008

Illegitimate children entitled to inherit property: Kerala High Court

Kochi, Dec 09:

In a landmark judgment, the Kerala High Court on Tuesday held that illegitimate children are also entitled to inherit the property of parents along with the children born in valid marriage. The Court also suggested to the Central government that it enact a law to confer right of succession to all illegitimate children, irrespective of their religion, in tune with section 125 of the CRPC (to give maintenance of wife and children). The order in this regard was issued by a Division Bench, comprising Justices C N Ramachandran Nair and M C Harirani on an appeal filed against the Motor Accident Claims Tribunal, Pala, which had ordered that compensation be awarded to the legitimate and illegitimate children of a 36-year-old doctor who died in a road mishap. Upholding the tribunal order, the bench observed that all illegitimate children, though born out of wedlock, are children born to a man and woman who cohabited for some time and are in substance husband and wife for all purposes. The tribunal had awarded Rs 50,000 to the parents of the deceased man and the remaining amount to his wife and two children and to two children from the woman with whom he was living at the time of his death.

Bureau Report
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This will create all sorts of complications. In fact, the institution of marriage itself will be torpedoed if the ramifications of this judgement is played out in full, what with a lot of unscrupulous elements always on the look out to exploit people, particularly the rich. -K.Venugopal - Mumbai

http://www.zeenews.com/states/2008-12-10/489623news.html

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