Originally posted by: swati2008
Narottam has no claim over LM because he is illegitimate. According to Hindu Succession Act illegitimate children can never be co-parcener i.e. they cannot inherit joint family properties or ancestral properties or properties of childless relatives. They can only inherit the self acquired property of their parents. LM or Royal Steel is not self acquired property of Baldev. So Narottam can never claim it. Further, a child can only inherit property after father dying intestate i.e. without will. Before that he cannot put forward any claim. When Vikramaditya has disinherited Baldev and willed away the property to Satrupa's children then then there is no question of Narrottam right of inheritance as Baldev the father has no right himself.
In the US if parents are not married, parentage is established through DNA and with it comes child support during minority and inheritance. This was not so at one point in time. Men would make a woman pregnant and walk away from their responsibilities. But the law changed.
Likewise, in India, supreme court has upheld under the Hindu Marriage Act that illegitimate children are entitled to all rights to the property of their parents both ancestral and self acquired.
Here is one example
It does not require marriage to create a child. Two people drunk in one night can do that. Rich people like Baldev can be used by Sudha to become pregnant for property. Else a rich man like Baldev can abandon a pregnant Sudha and say the child is not his. Not anymore. The child is innocent. When things like DNA is used to predicate parentage with accuracy laws change to towards what is right.
To quote the honorable judges in the above judgement
Stating that it was constrained to take a different view, the Bench referred the matter to Chief Justice S.H. Kapadia for posting it before a larger Bench. The Bench said, "The 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. This is the crux of Section 16 (3).
I know US law, but I researched this very much due to the show because I was curious what Indian law states. Both support the rights of the illegitimate child which is as it should be. They should not bear the sins of the mother or father.
Edited by Mangothyme - 7 years ago
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