Illegitimate children’s property rights

There are no illegitimate offspring, simply fraudulent parents, once claimed Leon R Yankwich. The property rights of illegitimate offspring in India are based on a fundamental concept stated in the Indian Constitution.

Article 39 (f) of the constitution states that children should be provided with the opportunity and resources to grow in a happy, independent, and dignified way. Childhood and adolescence are shielded from manipulation and financially and moral desertion. Property is a fundamental right, and Article 300A stipulates that ‘no one shall be dispossessed of his property except by the authority of law.’

Who are considered illegitimate children?

According to the law, an illegitimate kid is one whose parents are not married. A kid conceived after the marriage is legally recognised. A child is considered illegitimate in Hindu law if any of the following criteria exist:

• Children are the result of void marriages.
• Children of cancelled or voidable marriages
• Children from illegal unions
• Concubines give birth to children.
• Children born from marriage are not valid due to a lack of necessary rites.

Under the Hindu Marriage Act, illicit children have property rights.

The inheritance rights of illegitimate offspring are governed under Section 16 (3) of the Hindu Marriage Act, 1955. Illegitimate offspring, according to Section 16 (3), is “only entitled to the property of their parents and not of any other related.” The law also applies to Sikhs, Jains, and Buddhists, in addition to Hindus.

Illegitimate children’s upkeep

Section 20 of the Hindu Adoptions and Maintenance Act of 1956 mandated that a Hindu be responsible for his illegitimate offspring.

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