Should an illegitimate child be a victim of a somebody else’s mistake or should it pay for its parents sins? Well this was a point that came up before the Karnataka High Court for consideration.
In a significant verdict, the High Court has held that a child should not pay for its parents’ sins. The court also went on to hold that an illegitimate child would have a share in the property which would also include ancestral property. The court also held that a child shall be treated as legitimate even if the marriage of the parents is declared illegal. The case related to a plea by a lady who sought justice for her two children who were born out of wedlock. The marriage of the lady from Davangere had been invalidated as her husband’s first marriage was not annulled. When she sought for a share in her husband’s property for her children, the first wife objected stating that as the second marriage was illegal, the children have the status of being illegitimate.
The Davangere trial court held that the second marriage was illegal and hence even her children could not claim a share in the property. Following this the lady moved the Karnataka High Court.
The court while allowing the plea filed by the lady also held that such children cannot be faulted with and deserve to be clothed with legitimacy.
Right to property
Coming to the key issue, the court held that once the child born out of wedlock is declared legitimate, it will not be right to deny him of his father's property. It will also not be right to limit his rights to the self acquired property of his father and he is entitled to a share in the ancestral property too, it said. Observing that such children cannot be held responsible for the contravention of law committed by his parents, the court stated that these children should be treated on par with a child born to parents whose marriage is legal.
Right to partition
 While granting such children the right to property, the court, observed that the child shall not have a right to seek a partition. Such partition could be sought only the after the death of the father, the court  observed.