A, a Hindu dies leaving behind him his legitimate son, widowed daughter-in-law, concubine, and illegitimate son. Discuss their rights to the estate.
1. Whether legitimate son, widowed daughter-in-law and illegitimate son have right to esate? YES
Section 16 (3) of the Hindu Marriage Act, 1955 as amended, does not impose any restriction on the property right of such children except limiting it to the property of their parents.
Section 8 of the Hindu Succession Act, 1956, The property of a male Hindu dying intestate shall devolve firstly, upon the heirs, being the relatives specified in class I of the Schedule.
This problem is related to the Claim inheritance in ancestral and self-acquired properties. This problem is based on Revanasiddappa's Case.
Revanasiddappa Vs. Mallikarjun, AIR 2011 SC (Supp) 155 the Court opined that the Constitutional values enshrined in the preamble of our Constitution which focuses on the concept of equality of status and opportunity and also on individual dignity. The Court has to remember that relationship between the parents may not be sanctioned by law, but the birth of a child in such relationship has to be viewed independently of the relationship of the parents. A child born in such relationship is innocent and is entitled to all the rights which are given to other children born in valid marriage.
The question raised was whether the children of void/voidable marriage have a right to only the self-acquired property of their parents? Since, there is no attempt to marry, theoretically it is often argued that live in relationships should not be granted any form of legitimacy in the eyes of law and the children born out of such sexual unions cannot be provided with any inheritance rights.
Though Section 125 Cr.p.c does not give a concubine the right read in conjunction with it may entitle women in such a relationship to the grant of maintenance.
In the instant problem, the legitimate son, widowed daughter-in-law and illegitimate son have right to estate. The concubine cannot claim right to estate, but may entitle to the grant of maintenance.
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