JINIA KEOTIN AND ORS. versus KUMAR SITARAM MANJHI AND ORS.

JINIA KEOTIN AND ORS. versus KUMAR SITARAM MANJHI AND ORS.

Section 16(3) of Hindu Marriage Act, 1955 expressly limits the right of illegitimate children to inherit only from their parents, not from other relatives or ancestral coparcenary property. Extending rights beyond parents' property would amount to doing violence to the statutory provision and court relegislating,...

Source-derived case information.

Parties
Appellant: Jinia Keotin; Respondent: Kumar Sitaram Manjhi; Respondent: K.K. Gupta (N.P.)
Jurisdiction
India
Judgment Date
20 December 2002
Procedural Posture
Civil Appeal / Appeal From Patna High Court in S.a. No. 315 of 1991
Outcome
Appeal dismissed
Legal Topics
Succession, Inheritance, Legitimacy, Hindu Marriage Act, Section 16(3)
Family Law Succession Inheritance Legitimacy Hindu Marriage Act Section 16(3)

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Jinia Keotin

Appellant

Kumar Sitaram Manjhi

Respondent

K.K. Gupta (N.P.)

Respondent

Procedural Posture

Civil Appeal / Appeal From Patna High Court in S.a. No. 315 of 1991

Legal Issues

  1. 1 Whether children born out of void and illegal marriage are entitled to inherit coparcenary property under Section 16(3) of Hindu Marriage Act, 1955

Ratio Decidendi

Section 16(3) of Hindu Marriage Act, 1955 expressly limits the right of illegitimate children to inherit only from their parents, not from other relatives or ancestral coparcenary property. Extending rights beyond parents' property would amount to doing violence to the statutory provision and court relegislating, which is impermissible.

Court Disposition

Appeal dismissed

Orders

  • No costs