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.
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.
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