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Showing contexts for: Incestuous in Subhan Rao And Anr. vs Parvathi Bai And Ors. on 26 September, 2001Matching Fragments
"Thus after a careful review of the judicial decisions, it appears to us that an illegitimate son of sudra born to a married woman as a result of an incestuous or adulterous intercourse is not entitled to inherit his putative father's estate".
19. On the status of Ramachandra Rao, vis-a-vis the family of Siddoji Rao, Court held:
"We hold that the plaintiff is not entitled to inherit and claim partition and possession of 1/4th share in the suit schedule properties since he is born to Ganga as a result of an adulterous intercourse with deceased Siddoji Rao".
After dealing with the reforms undertaken in Europe on the question of recognition of illegitimate children who were born outside the wedlock and children born out of a condemned intercourse or adultery, learner! author sympathising with their position states as under:
'They remain those children born of adultery or of an incestuous or condemned intercourse, whose position cannot be cured by the implementation of the aforesaid theory of tacit promise. Accordingly, the indulgence of the community might be sought in their favour in order that they might in some respects gain a status which they had failed to acquire though no fault of their own".
And their childless wives who preserve chastity must be supplied with food and apparel (see page 438).
Quoting Kathyayana at page 439 it is stated: "the son of a woman not taken in marriage according to the order of the clauses or one related by blood to her husband and a man who has assumed the order of a religious and anchoret are never capable of inheritance".
28. And by judicial decisions a person who kills another is disqualified from inheriting the farmer's property. Similarly in the cases an "Illegitimate son by incestuous intercourse is not entitled to inherit".