Hindu Succession Act, 1956; -- Whether illegitimate son/daughter does not succeed his/her mother's property -- The normal rule of construction of the words "child" "son" or...
Read MoreHindu Succession Act, 1956; -- Whether illegitimate son/daughter does not succeed his/her mother's property -- The normal rule of construction of the words "child" "son" or "daughter" in a statute would include only legitimate children. No doubt, there might be express provision in the statute itself to give these words a more extended meaning as to include also illegitimate children and s. 3(j) of the Hindu Succession Act (Act XXX of 1956) furnishes a good illustration of such a provision. It might even be that without an express provision in that regard the context might indicate That the words were used in a more comprehensive sense as indicating merely a blood relationship apart from the question of legitimacy. Section 15 contains no express provision and the context, so far as it goes, is not capable of lending any support to such a construction. In the first place, the words "Son or daughter" occur more than once in that section. It was fairly conceded on behalf of the appellant that where the son or daughter of a male vendor is referred to, as in s. 15 (1), the words mean only the legitimate issue of the vendor. If so, it cannot be that in the case of a female vendor the words could have a different connotation. Even taking the case of a female vendor herself, there is a reference in s. 15(2)(a)(i) to the brother’s son of such vendor. It could hardly be argued that a brother’s illegitimate son is comprehended within those words. Therefore, it must be held that when s. 15(2)(b)(i) uses the words "son or daughter" it meant only a legitimate son and legitimate daughter of the female vendor.
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