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Rohit Chauhan vs Surinder Singh & Ors on 15 July, 2013

14.9. The defendant's contention that the suit properties are not the self acquired properties of Kandasamy Moopanar but it is the ancestral properties over which the plaintiff cannot claim a right is no longer available in the light of the judgement of the Hon'ble Supreme 20/71 https://www.mhc.tn.gov.in/judis A.S.No.259 of 2007 Court reported in (2013) 9 SCC page 419 - Rohit Chauhann Vs. Surinder Sing and others and therefore it is only Section 8 of the HSA that would apply and therefore, the plaintiff is entitled to the share declared by the Trial Court.
Supreme Court of India Cites 6 - Cited by 110 - C K Prasad - Full Document

Parayankandiyil Eravath Kanapravan ... vs K. Devi And Ors. on 22 June, 1989

23. Therefore, the language of the provision as it then stood gave rise to an anomaly in as much as the status of legitimacy to a child born out of a void or voidable marriage was dependent upon the marriage being declared null and void by a decree of annulment of a Court of law. If a decree was not obtained, then a child born out of such a marriage would continue to be illegitimate as the protection under Section 16 of the HMA was available only if there was a decree of annulment. Secondly, the children born from such void or voidable marriages were artificially divided into two categories, one for those 37/71 https://www.mhc.tn.gov.in/judis A.S.No.259 of 2007 born before its enactment and those born after its enactment. The anomalies of this Sections have been very succinctly described in the judgment reported in (1996) 4 SCC - 76 Parayankandiyal Eravath Kanapravan Kalliani Amma Vs. K.Devi. The Hon’ble Supreme Court had noted as follows:-
Kerala High Court Cites 11 - Cited by 69 - Full Document
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