Raiman Singh,3rd sem

Kurukshetra University

Casebrief : Vellikannu v. R. Singaperumal (2005) 6 SCC 622

Parties: Petitioner: Vellikannu

Respondents:

R. Singaperumal
Another party (name not specified)

Citation: (2005) 6 SCC 622

Court: Supreme Court of India

Bench: Justice Ashok Bhan Justice A.K. Mathur

Date of Judgment: May 6, 2005

Cited Statutes:

Section 6 in The Hindu Succession Act, 1956

Section 27 in The Hindu Succession Act, 1956
Section 25 in The Hindu Succession Act, 1956
The Hindu Succession Act, 1956
Section 8 in The Hindu Succession Act, 1956

Cited Case: Sunder Singh vs Naresh (2019)

Facts: The present case revolves around a dispute concerning the succession of
property under The Hindu Succession Act, 1956. The petitioner, Vellikannu, is claiming
his right to inherit the property of his deceased father, who passed away intestate. The
respondents, R. Singaperumal and another party, contest the petitioner's claim,
contending that he is illegitimate and therefore ineligible to inherit the property.

Arguments: Petitioner: Vellikannu relies on Section 6 of The Hindu Succession Act,

1956, arguing that irrespective of his legitimacy, he is entitled to inherit the property of
his deceased father. He asserts that the legislation should be interpreted in a manner
that upholds the principles of equality and non-discrimination, ensuring equal rights of
inheritance for both legitimate and illegitimate children.
Respondents: R. Singaperumal and the other party contest the petitioner's claim,
contending that under Section 8 of The Hindu Succession Act, 1956, only legitimate
children are eligible for inheritance. They argue that the provisions for inheritance do not
extend to illegitimate children and, therefore, the petitioner's claim should be rejected.

Issues:

● Whether an illegitimate child is entitled to succeed to the property of his

deceased father under The Hindu Succession Act, 1956?
● The interpretation and applicability of Sections 6 and 8 of The Hindu Succession
Act, 1956.

Decision: The Supreme Court examined the provisions of The Hindu Succession Act,
1956, along with relevant case law, to resolve the issues before it. The Court held that
Section 6 of the Act should be interpreted in a manner that guarantees equal rights to
legitimate and illegitimate children for inheriting the property of their parents. The Court
emphasized the need to promote equality and eliminate discrimination based on birth
status.

The Court further observed that the right to inheritance is a fundamental right and
should not be denied solely on grounds of legitimacy. It held that the term "children"
mentioned in Section 6 of the Act includes both legitimate and illegitimate children.

Accordingly, the Supreme Court ruled in favor of the petitioner, Vellikannu, establishing
his entitlement to succeed to the property of his deceased father, irrespective of his
legitimacy.