Illegitimate kids have right to parents', ancestral property: SC
The Supreme Court on Friday ruled that illegitimate children were not only entitled to a share in the self-acquired property of parents but also in ancestral property.
A bench of justices G S Singhvi and A K Ganguly said in a judgement that such children cannot be deprived of their property rights as what was considered illegitimate in the past may not be so in the present changing society.
"The court has to remember that relationship between the parents may not be sanctioned by law but the birth of a child in such a relationship has to be viewed independently of the relationship of the parents.
"A child born in such a relationship is innocent and is entitled to all the rights which are given to other children born in valid marriage. Right to property is no longer fundamental but it is a Constitutional right and Article 300A contains a guarantee against deprivation of property right save by authority of law," the bench said.
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