Article Details

Right to Property and Maintenance of Illegitimate Children in India | Original Article

Mani Kumar Meena*, in Journal of Advances and Scholarly Researches in Allied Education | Multidisciplinary Academic Research

ABSTRACT:

Illegitimate children's ownership rights over their parents' property. Illegitimate children's rights to inherit their parents' property are determined by personal laws of the parents because there is no specific legislation defining what constitutes an illegitimate kid. In the past, illegitimate offspring were not accorded the same privileges as legitimate ones under Hindu law however, in today's dynamic culture, this is no longer the case. Since neither Muslim nor Christian law acknowledges the word illegitimate, the unborn child has no legal recourse. The law may remain unchanged, but it is the judiciary's job to adapt the law to the changing requirements of society. Section 125 of the CrPC, which supersedes personal laws and mandates the maintenance of illegitimate offspring, is mentioned in the study examining the property rights of such children, A uniform set of rules governing illegitimate children's ownership of their parents' property is urgently required. When a child is innocent, the burning must be carried by the child, which has to be changed.