children born out of the marriage which is void cannot be termed illegitimate one and they arecovered by the expression ‘son and daughter - class-I' for Scheduled 8 of the Hindu Succession Act.
Whether children born out of void marriage are class 1 Legal heirs as S 8 of the Hindu Succession Act?
This Court in the matter of Laxmibai
and others vrs. Limbabai, reported in 1983 Mh.L.J.103, has
recorded a finding that the children born out of the marriage
which is void cannot be termed illegitimate one and they are
covered by the expression ‘son and daughter - class-I' for
Scheduled 8 of the Hindu Succession Act.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATER JURISDICTION
SECOND APPEAL NO. 269 OF 1992
Shri Vishnu Laxman Padule Vs Laxman Rama Padule,
CORAM: N.W.SAMBRE, J .
DATE : 9 JANUARY, 2020.
Citation: 2021(2) MHLJ 288
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