High Court of Judicature at Madras (T.V.ThamilSelvi, J.), 28.01.2025, A.S.No.55 of 2019: Appeal under Section 96 of the Civil Procedure Code against the judgment and decree dated 19.11.2018 of the Additional District Judge, Ariyalur in O.S.No.12 of 2017. Appellants Vasuki and Janagi, plaintiffs below, claimed a 1/5th share in suit properties (said to have belonged to Chinnasamy Konar, father of the 1st defendant Ramasamy, and enjoyed as joint family properties) against their father (1st defendant) and brother (3rd defendant). The 1st defendant, during the subsistence of his first marriage with Pitchaiammal, had lived with Annammal, by whom the plaintiffs and the 3rd defendant were begotten; he had settled the entire suit properties by a gift deed dated 16.11.2011 in favour of his daughter (2nd defendant, by the first wife) and a settlement deed dated 11.10.2012 in favour of the 3rd defendant. Held: it is well-settled law that illegitimate children are not entitled to a share in ancestral or joint family properties, and can at most seek a share in the father's self-acquired properties after his demise; the 1st defendant having settled the properties in his lifetime held no right or title over them as of his death (which occurred during the pendency); consequently the illegitimate children cannot claim a share in the suit properties through him. The trial Court's conclusion warranted no interference; the appeal was dismissed without costs, with liberty to pursue remedies qua any other properties, if any, left behind by the 1st defendant.
