Excluded From The Will: Property & Inheritance Rights Of The Illegitimate Children Under Hindu Law
- IJLLR Journal
- Apr 30
- 1 min read
Mira Katherine Dhinoo, BA LLB, St. Joseph’s College of Law, Bengaluru
ABSTRACT
The concept of illegitimacy has evolved over time, derived from the Latin maxim, ‘illegitimus’, which translates to ’‘not in accordance with law’’. Although an illegitimate child did not constitute the same position in the Hindu law as common law, the codified Hindu law changed the stance, most certainly as a result of English colonialism in the Indian subcontinent. With the ever-dynamic evolution of humanity, the concept of property and maintenance of the illegitimate child is evolving too, from the days of initially adopting the law, intending to accommodate the changing needs of society. Children not born into a legally recognised marriage or relationship are given the status of illegitimacy; they are perceived as impure and lowly. Though these children are recognised under Hindu law, they are severely discriminated against by society as well as by law, the law that is meant to safeguard us from injustices. However, there is a growth in liberalised thinking that is slowly bringing about changes in our imperfect legal system.
The purpose of this research paper is to shed light on the rights and legal status of the illegitimate child under the umbrella of the Hindu personal law, focusing on the extent of their inheritance and property rights. Additionally, this paper highlights the evolution of the concept of illegitimacy under Hindu law, giving a critical analysis of how the advancements of judicial rulings have benefited the socio-legal perception of illegitimate children under Hindu law in India.
Keywords: Illegitimate, Children, Law, Colonialism, Inheritance, Property, Rights
