Case Note & Summary
The case involves three second appeals filed by the defendants 2 and 3 and another legal representative of the deceased 1st defendant against the judgment and decree of the First Appellate Court, which granted 1/3rd share each to the plaintiff (1st respondent) and the 4th defendant in the suit properties. The plaintiff, Selvi, and the 4th defendant, Vijaya, are daughters of the 1st defendant, Lakshmana Gounder, through his first wife Valliammal, whose marriage was dissolved by divorce in 1978. The defendants 2 and 3, Sengottaiyan and Krishnan, are sons of the 1st defendant through his second wife Mani (the 4th appellant). The plaintiff filed a suit for partition claiming 1/3rd share in the suit properties, alleging they are joint family properties. The Trial Court granted 1/4th share in 'A' and 'B' schedule properties. On appeal, the First Appellate Court modified the decree, granting 1/3rd share to the plaintiff and 1/3rd share to the 4th defendant. The defendants 2 and 3 and another legal representative of the deceased 1st defendant appealed to the High Court. The key legal issue was whether the plaintiff and the 4th defendant, being daughters born from a void marriage (as the marriage between the 1st defendant and Valliammal was dissolved, and the subsequent marriage to Mani was void), are entitled to a share in the joint family properties. The High Court analyzed Section 16 of the Hindu Marriage Act, 1955, which confers legitimacy on children born from void or voidable marriages but does not confer coparcenary rights. The court held that illegitimate children are not entitled to a share in joint family properties; they can only inherit the separate property of their father. The court found that the suit properties were joint family properties of the 1st defendant and his legitimate sons (defendants 2 and 3). Therefore, the plaintiff and the 4th defendant, being illegitimate, cannot claim a share. The High Court allowed the second appeals, set aside the First Appellate Court's decree, and restored the Trial Court's decree granting 1/4th share to the plaintiff and 4th defendant only in the 'A' and 'B' schedule properties, which were treated as separate properties of the 1st defendant.
Headnote
A) Hindu Law - Illegitimate Children - Right to Joint Family Property - Section 16 of Hindu Marriage Act, 1955 - Section 6 of Hindu Succession Act, 1956 - The court considered whether daughters born from a void marriage are entitled to a share in joint family properties. Held that Section 16 of the Hindu Marriage Act, 1955 only confers legitimacy for inheritance purposes but does not confer coparcenary rights. Illegitimate children cannot claim a share in joint family properties as coparceners. (Paras 10-15) B) Hindu Law - Partition - Coparcenary Property - Illegitimate Children - The court examined the distinction between separate property and joint family property. Held that illegitimate children are entitled only to the separate property of their father, not to the ancestral or joint family property. The plaintiff and 4th defendant, being illegitimate, cannot claim a share in the suit properties which are joint family properties. (Paras 16-20) C) Civil Procedure - Second Appeal - Substantial Question of Law - Section 100 of Code of Civil Procedure, 1908 - The court framed substantial questions of law regarding the entitlement of illegitimate children to joint family property. Held that the First Appellate Court erred in granting shares to the plaintiff and 4th defendant, as they are not coparceners. (Paras 1, 21-22)
Issue of Consideration
Whether the plaintiff and the 4th defendant, being daughters born from a void marriage, are entitled to a share in the joint family properties of the 1st defendant?
Final Decision
Second appeals allowed. The judgment and decree of the First Appellate Court dated 16.11.2017 in A.S.Nos.35, 84 and 36 of 2012 are set aside. The judgment and decree of the Trial Court dated 15.12.2010 in O.S.No.34 of 2001 are restored. No costs. Consequently, connected miscellaneous petitions are closed.
Law Points
- Illegitimate children not entitled to share in joint family properties
- Section 16 of Hindu Marriage Act
- 1955 does not confer coparcenary rights
- Section 6 of Hindu Succession Act
- 1956 applies only to legitimate coparceners
