Status of Illegitimate Children in Getting Property Rights Under Hindu Law: A Study from Judicial Perspective

Abstract

The welfare of children is a major concern in the majority of nations around the world. Each child is considered a valuable resource for their nation. Many social ills have interfered with the rights and interests of illegitimate offspring, depriving them of their rights. The conventional belief in regard to the protection of the rights of illegitimate children is that illegitimate children only have rights to their parents' independently obtained property and not to ancestor property. The rights of an illegitimate child over distinct property as well as ancestral property and maintenance rights have been recognized by Sec. 16 of the HMA, Sec. 20 of the HAMA, Sec. 125 of the CrPC, and other pertinent legal provisions; nonetheless, the judiciary's primary goal is to uphold the law.