include illegitimate issues of the members. It is appropriate to incorporate the relevant portion of the said decision :
The rule that an illegitimate son ... son; that where the father has left no separate property and no legitimate son, but was joint with his collaterals, his illegitimate son
which falls for consideration in this writ
petition is whether an illegitimate son is entitled to a share in the
family pension of his deceased ... wedlock with the respondent No. 7 is
the illegitimate son of the deceased officer. True, under the Hindu
Succession Act, 1956 , children from void second
recorded in Revisional Survey Khewat No.9.
Gobardhan was the illegitimate son of Doman and, therefore, he
was and his descendantsDefendant ... defendants is that four sons of Ghasi
Rai and illegitimate sonBodh Singh had not separated during
cadastral survey and after cadastral survey Hira
compassionate appointment given to respondent No.3, who is an
illegitimate son of the deceased-employee is not sustainable.
6. The learned counsel ... child of first
marriage. It was submitted that as the illegitimate son of the deceased
the 3rd respondent is entitled to get appointment on compassionate
2666/2015 CAV JUDGMENT
(it may be) illegitimate offspring. It extends according to Manu and
Yajnavalkya to the outcast, if not to the adulterous wife ... kinsman on his side has
authority over a woman who has no son; in regard to the expenditurte of
wealth, the government of herself
compassionate appointment given to respondent No.3, who is an
illegitimate son of the deceased-employee is not sustainable.
6. The learned counsel ... child of first marriage. It was submitted that as
the illegitimate son of the deceased the 3rd respondent is entitled to
get appointment on compassionate
even by the Sessions Court before branding
Applicant No.2 as illegitimate son of Respondent No.1. Hence, the finding
of the Sessions Court, being
that defendant No.6 (petitioner herein) was neither his
legitimate or illegitimate son and, therefore, his name as entered in the
records of Zonal Hospital
illegitimate
offsprings. It has been found that the suit property was admittedly
the coparcenary property of Mangal Sah with his son (plaintiff ... cannot be entitled to a share in the
coparcenary property as illegitimate son of Mangal Sah. This
Court is again not persuaded to overturn
children
born through such void marriage cannot be held to be illegitimate. In the
factual situation here, the first respondent itself has admitted that ... deceased Government Servant include the son and it does not
denote whether the son should be legitimate or illegitimate son of the
parents
