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Son born in live-in relationship also entitled to father's property: Supreme Court

By Lokmat English Desk | Updated: June 14, 2022 15:39 IST

The Supreme Court has ruled that children born out of wedlock also have a right to their father's property. ...

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The Supreme Court has ruled that children born out of wedlock also have a right to their father's property. The Supreme Court has said that if a man and a woman live together for a long time, it will be considered as marriage and children born out of this relationship will also be entitled to the father's property.

The Kerala High Court's decision has been overturned by the Supreme Court in a landmark judgment. The Kerala High Court in a case did not consider the child as a sharer in his father's property. Because his parents were not married. Although they are not married, they have been living together as husband and wife for a long time. In such a case, if the DNA test proves that the child belongs to both, then the child has full right over the father's property.

What is the original case?A man from Kerala had filed a case in the high court alleging that he did not get a share in his father's property. He had said in the petition that he was not given a share in the father's property by calling him an immoral son. The Kerala High Court, in its judgment, had said that in the case of a person whose property he is claiming, his mother was not married to him, he could not be considered entitled to family property. 

Tags: Supreme CourtKerala High Court
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