Another single Judge of this Court in Karthi Pankajakshy v.

Lalitha Sujatha 1990 (1) KLT 248

considered the said decision in the light of the provisions of Hindu Succession Act 1956 and holding
that as per Section 3(j) of Hindu Succession Act related means by legitimate kinship and the marriage
considered in Janu's case supra was of 1959 and distinguishing the difference between Sections 11
and 12 it was held that an illegitimate child is not entitled to inherit the properties of the father unless
the child falls under Section 16 of Hindu Marriage Act.

Under Section 8 of Hindu Succession Act the property of a male Hindu dying intestate shall devolve
on the relatives provided under Class 1 or 2 or the agnates or cognates of the deceased if there is no
class I or Class II heirs. Under Section 3(1)(j) of Hindu Succession Act "related" means "related by
legitimate kinship". In fact to safeguard the rights of the illegitimate children, proviso thereunder was
added to the effect that illegitimate children shall be deemed to be related to their mother and to one
another and their legitimate descendants shall be deemed to be related to them and to one another. The
deeming provision is not extended to the father of the illegitimate children. It is therefore absolutely
clear that only a legitimate kinship is a relative, who is entitled to inherit to the properties of a male
Hindu, as provided under the Hindu Succession Act. If so an illegitimate child cannot be a relative
under class one, like a legitimate son or daughter.
11. An illegitimate child can claim a share in the property of the father only under Section 16(1) of the
Hindu Marriage Act (hereinafter referred to as the Act).
12. Section 16(1) reads:
16. Legitimacy of children of void and voidable marriages -
(1) Notwithstanding that a marriage is null and void under Section 11, any child of such marriage who
would have been legitimate if the marriage had been valid, shall be legitimate, whether such child is
born before or after the commencement of the Marriage Laws (Amendment) Act, 1976, and whether
or not a decree of nullity is granted in respect of that marriage under this Act and whether or not the
marriage is held to be void otherwise than on a petition under this Act.
13. A reading of Section 16(1) of the Act makes it absolutely clear that an illegitimate child is entitled
to
inherit to the estate of the father only if the marriage of the parents was null and void as provided
under
Section 11 of the Act.
14. Section 11 of the Act reads:
11. Void marriages--Any marriage solemnized after the commencement of this Act shall be null and
void and may, on a petition presented by either party thereto, (against the other party) be so declared
by a decree of nullity if it contravenes any one of the conditions specified in Clauses (i), (iv) and (v)
of Section 5.
15. Therefore to attract Section 11 of the Act, the marriage between the father and mother of the
illegitimate child should have been null and void for