Succession Rights Of Illegitimate Children Under Modern Family Law
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- 1 day ago
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Written by: Ritika Palai, B.B.A.LL.B (3rd Year ), Birla School of Law, Birla Global University, Bhubaneswar, Odisha
Abstract
The development of family law has progressively dismantled the traditional legal and social discrimination against children born outside wedlock. This article critically examines the succession rights of illegitimate children born under modern legal frameworks, with particular reference to statutory reforms, judicial trends, and international human rights standards. Historically, illegitimacy operated as a barrier to inheritance, rooted in patriarchal notions of legitimacy and lineage. However, contemporary jurisprudence increasingly recognises the child’s right to equality and dignity, irrespective of the marital status of his or her parents.
It draws from various comparative legal perspectives: common law jurisdictions, civil law systems, and Indian family law. The article discusses how courts have expanded inheritance rights by applying the principles of equality, constitutional morality and social justice. Important case law development, including the recognition of illegitimate children for intestate succession and property rights accruing from live-in relationships, is illustrative of this increasing child-centric approach. Despite such developments, major gaps remain as regards proof of paternity, succession under personal laws, and testamentary versus intestate rights.
The study concludes that, even though modern family law has moved closer towards eliminating the stigma of illegitimacy, comprehensive legislative harmonisation and judicial clarity are still needed in ensuring full and uniform succession rights for all children, irrespective of birth status. The article further proposes reforms aimed at realising substantive equality and reinforcing the constitutional mandate of non-discrimination.
Keywords: Illegitimate Children, Succession Rights, Modern Family Law, Equality and Non-Discrimination, Inheritance Reform.
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