A PROJECT ON

“Property Rights of an Illegitimate Child”

[Submitted as a partial fulfilment of the requirements for B.A. LL.B (HONS.) 5 Year Integrated
Course]

Session: 2022-23

Submitted on: 24th May 2023

Submitted by: Submitted to:

Dilraj Singh Chouhan Dr.Juhi Pawa
Semester- V Sec: B Faculty: Family Law-II
Roll no:- 85

UNIVERSITY FIVE YEAR LAW COLLEGE

UNIVERSITY OF RAJASTHAN
JAIPUR

i
 DECLARATION

I, Dilraj Singh Chouhan hereby declare that this project titled “Property Rights of Illegitimate
Child” is based on original research work carried out by me under the guidance and supervision of
Dr.Juhi Pawa.
The interpretation put forth is based on my reading and understanding of the original texts. The
books, articles etc. We have been relied upon by me have been duly acknowledged at the respective
places in the text.
For the present project which I am submitting to the University, no degree and diploma has been
conferred on me before, either in this or any other university.

Date: 24th May 2023 Dilraj Singh Chouhan

Roll no. 85

Semester: V -B

ii
 CERTIFICATE

Dr.Juhi Pawa Date:24.05.2023

Faculty

University Five Year Law College

This is to certify that Dilraj Singh Chouhan of Semester V section B of University Five Year Law
College, University of Rajasthan has carried out the project entitled “Property Rights of an
Illegitimate Child ” under my supervision and guidance. It is an investigation report of a minor
project. The student has completed research work in my stipulated time and according to the norms
prescribed for the purpose.

Supervisor

iii
 ACKNOWLEDGMENT
I have written this project “Property Rights of an Illegitimate Child ” under the supervision of
Dr.Juhi Pawa, Faculty, University Five Year Law College, University of Rajasthan, Jaipur. Her
Valuable suggestions herein have not only helped me immensely in making this work but also in
developing an analytical approach this work.

I found no words to express my sense of gratitude for Director ,Dr.Akhil Kumar for constant
encouragement at every step.

I am extremely grateful to librarian and library staff of the college for the support and cooperation
extended by them from time to time.

Dilraj Singh Chouhan

iv
 TABLE OF CONTENTS

Page No.

1. Title I
2. Declaration II
3. Certificate III
4. Acknowledgement IV
5. Abstract VI
6. Research Methodology VII
 Statement of Question
 Objective

7. Chapter-1 ……………………………………………………………….1
Introduction :- Meaning and Its significance

8. Chapter-2 ……………………………………………………………… 3
Illegitimacy and Property Rights under Hindu law

9. Chapter-3 ………………………………………………………………. 4
Illegitimacy and Property Rights under Muslim Law and others

10. Conclusion ……………………………………………………………… 6

11. Web Sources …………………………………….……………………… 7

v
 ABSTRACT

"There are no illegitimate children, only illegitimate parents."-Leon R. Yankwich.

This research study examines the illegitimate children's property rights in relation to their
parents' assets. The researcher seeks to understand what rights illegitimate children have
when it comes to receiving their parents' assets. On the basis of the findings, the researcher
stated that personal laws of the parents play a vital role in determining these rights since
there is no particular law regulating property rights of an illegitimate child.
Despite the fact that they were not acknowledged, children born out of wedlock now have
rights under Hindu law that are on par with those of children born to legitimate parents.
They are denied these rights since, contrary to Muslim and Christian law, the term
"illegitimate" is not recognized.

The judiciary has the power to alter the law to suit the demands of the society, even if the
legislation itself remains unchanged. In order to control the illegitimate children's
ownership rights over their parents' property, it is vitally necessary to establish a single
regulatory framework. Even though the youngster in the current situation is innocent, it
needs to be adjusted that he is burned himself.

vi
 RESEARCH METHODOLOGY

The researcher has used non- doctrinal method and relied only upon secondary sources of data to
prepare this project.

Statement of Problems

• Critical Analysis of aspects that Do Illegitimate Children have a right on their Parents
Property?

Objectives

• To study the differential aspects attached What are the rights conferred to an illegitimate
child under various personal laws?

vii
 CHAPTER 1
INTRODUCTION – MEANING & SIGNIFICANCE

In both historical and contemporary societies, there has been much discussion about the difference
between an illegitimate and legitimate kid. In addition to never getting to enjoy the rights associated
with a legitimate child born out of legal wedlock, being born as an illegitimate child is a social
embarrassment. Illegitimate children have historically faced discrimination in all communities,
which can take many different forms, from the restriction of their legal rights to the social stigma
associated with not being a legitimate kid. The Latin phrase "not in conformity with the law" is the
source of the word “illegitimacy”.

Since the relationship between the parents affects the legality of the offspring, a child born out of
wedlock is regarded as an illegitimate child. As a result, an illegitimate kid is regarded as nullius
filius, which simply indicates that they have no legal connection to their parents. Illegitimate
offspring are not recognized as children, so the personal laws of the parents govern this matter.
When determining the parent's property rights, their individual laws are taken into account.
However, there have been attempts made to provide illegal children the same property rights as
legitimate children.

1
SIGNIFICANCE

Due to the participation of personal laws based on religious communities and the ideals
they defend, India places a high value on a child's legitimacy. Since the legitimacy of a kid
is judged by the type of relationship the parents have, a child born out of wedlock is said to
be illegitimate. However, the law must adapt to the changing dynamics of society in order
for it to be effective, and it is the judiciary's duty to do so. Although a child born outside of
wedlock is considered to be illegitimate, the infant is innocent in this case and must bear
the social stigma. Though there are a substantial number of illegitimate child cases in India,
they are not often publicized

2
 CHAPTER – 2
ILLEGITIMACY AND PROPERTY RIGHTS OF
ILLEGITIMATE CHILDREN UNDER HINDU LAW

According to Hindu law, a child's legitimacy is determined by the union of its parents. The
prerequisites for a valid marriage are outlined in Sections 5 and 7 of the Hindu Marriage Act of
1955, and children born from a lawful marriage are considered legitimate, respectively.

The marriage is deemed void or voidable depending on the reasons, and any children born as a
result are considered to be illegitimate, though, if the standards provided in the Act are not
followed. The relationship and behaviour of the parents determine the child's social status.

In the case of Jinia Koetin v. Kumar Sitaram Manjhi, the Supreme Court ruled that an
illegitimate child-one born of a legally unlawful marriage-is entitled to the same inheritance
rights as a legitimate child. Children born out of void and voidable marriages are now considered
genuine as a result of the revision to Section 16 of the Hindu Marriage Act, which recognised the
problem.
The court ruled in SPS Balasubramanyam v. Sruttayan that a kid born out of a long-term
cohabiting relationship shall be legitimate. The interpretation of section 16(3) was intended to
reshape society's perception of the taboo associated with the term "illegitimate." When
interpreting Section 16(3) of the Hindu Marriage Act in the case of Revansiddappa and Others
v. Mallikarjuna and Others, the Supreme Court determined that a child born out of a null
marriage is innocent and has a right to their parents' property.

3
 CHAPTER – 3
ILLEGITIMACY AND PROPERTY RIGHTS OF
ILLEGITIMATE CHILDREN UNDER MUSLIM LAW
&OTHER LAWS

Given that there is no Muslim legal provision that tackles illegitimacy and illegitimate children, an
illegitimate child has no right to their parents' property. Despite having varying ideologies, Muslim
law applies to several schools. A legitimate child has a claim to the property of the mother and any
relatives to whom the mother is linked, while an illegitimate child does not have a claim to the
property of either the father or any of his or her relatives, according to the Hanafi School. Muslim
law forbids the father from supporting his illegitimate offspring, despite Section 125 of the
Criminal Procedure Code in India mandating so.

Even though Islamic law does not contain any requirements for the father to support an illegitimate
child, the Supreme Court declared in the case of Sukha v. Ninni that Section 125 of the CrPC's
legislative provisions makes the father's support of such children legally compulsory. The Shia
School states that an illegitimate kid has no claim to either parent's property. According to this
system, the mere fact that an unrelated person exists results in their complete exclusion from family
property.

Illegitimacy and Property Rights of Illegitimate Children under Christian Law: An

illegitimate child has no status or validity under Christian law because there are no clearly
established religious or civil laws in India that grant rights to illegitimate children born to
Christians.

4
Christian law regulates property rights under the Indian Succession Act. Under this law,
which exclusively recognizes children born through valid marriages, illegitimate children
are not considered to be children. According to the court's ruling in Jane Anthony v. V.M.
Siyath, children under the law of succession are defined as legitimate offspring and do not
include illegitimate children, who do not have any claim to the parents' property. This is
true because Christian law is quite precise in its treatment of property rights.

SUGGESTIONS

In order to serve the needs of everyone in society, it is important to recognize that the Indian
judicial system must deal with a variety of dynamic concerns. Illegitimate children's right
to inherit property has been hampered by a number of social problems as a result of which
they are denied their rights. When discussing illegitimate children, it's critical to remember
that the child is always innocent, regardless of the relationship between the parents. The
child is yet susceptible to societal criticism and social disgrace. There is discrimination that
the child must endure because the laws governing an illegitimate child's property rights are
based on personal laws.

The Supreme Court has regularly taken into account the relationship between the parents,
the father's acknowledgement of the child, and tried to maintain a consistent approach with
the child's best interests, even while considering personal laws. The judiciary must
immediately create a uniform code that would supersede the personal Laws.

5
 CONCLUSION

Even if illegitimate children have a claim to their parents' property, personal laws are always
important in determining whether they do. Independent of today's multicultural environment, ill-
conceived children experience societal shame that affects their reputation. Such youngsters
continue to be victimized by society in places like ours. Although illegitimate offspring have rights
under Hindu law, other personal laws make no mention of this.

There will be some discrimination based on the parents' personal laws and religious beliefs because
there isn't a universal code that addresses the issue. The Supreme Court has endeavored to defend
the rights of innocent illegitimate children born out of wedlock, notwithstanding the lack of
legislation in the current situations. The laws must occasionally be updated to fulfil the demands
of the populace due to societal development.

What was legal decades ago might not be legal now, thus the Supreme Court has made adjustments
to reflect the changing nature of society. Illegitimate children now have the same legal right to a
share of their parents' property as legitimate children due to people's liberal and rational thinking .

6
 WEB SOURCE & REFERENCES

BOOKS AND ARTICLES :-

1. Ester, John W. (1961), "Illegitimate Children and Conflict of Laws", Indiana Law
Journal, Vol. 36, Issue 2, Article 2.
2. Harry D. Krause (1967), "Equal Protection for the Illegitimate", Michigan Law
Review, Volume 65, Issue 3.
3. Paras Diwan, ‘Family Law’ 11th Edition.

WEB SOURCES :-

1. Khushi Rastogi (June 30, 2020), "Property Rights of an Illegitimate Child:

Hindu law and Muslim Law",https://bailmeout.in/property-rightsillegitimate
-child-hindu-law-muslim/

2. Jay Parikh, "Right to Property and Maintenance of Muslim and Christian

Illegitimate Children", http://www.legalservicesindia.com/articles/cmrig
hts.htm