supreme court: Illegitimate child of cohabiting couple to get assets share: Supreme Court | India News & More news


NEW DELHI: In an essential judgment relating to partition of property amongst Hindus, the Supreme Court on Monday dominated that an illegitimate child of a couple cohabiting for lengthy with out marriage could be entitled to a share within the household property.
Reversing a Kerala excessive court docket judgment that disallowed property share declare of an alleged illegitimate son of a couple who didn’t marry, a bench of Justices S ABdul Nazeer and Vikram Nath mentioned the couple in query had cohabited for a really very long time to make their relationship pretty much as good as a married couple and therefore, their son could be entitled to acceptable share within the ancestral property.
Settling a 40-year-old dispute that oscillated between the trial court docket, excessive court docket and the SC, the bench mentioned, “We have also perused the evidence of the defendants. We are of the view that the defendants have failed to rebut the presumption in favour of a marriage between Damodaran and Chiruthakutty on account of their long cohabitation.” The SC restored to the trial court docket judgment which had decreed the go well with in favour of partitioning the ancestral property with acceptable share to the son of the couple.
The SC mentioned the paperwork produced by the so-called illegitimate son had been a lot prior to the controversy arising between events. The different facet includes kids of the brother of the so-called illegitimate son’s father.
The bench mentioned, “These documents, coupled with the evidence of a witness, would show the long duration of cohabitation between Damodaran and Chiruthakutty as husband and wife. The first plaintiff joined military service in 1963 and retired in 1979. Thereafter he has taken the steps to file a suit for partition of the suit schedule property.”


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