AIR 1961 SUPREME COURT 1334 ::1961 AndhLT 788 ::1961 2 SCJ 680 ::1962 (1) SCR 347

Supreme Court Of India

(From Nagpur)*

Hon'ble Judge(s): K. Subba Rao, Raghubar Dayal , JJ

(A) Supreme Court , — Practice - Concurrent findings of fact - No interference unless there are exceptional circumstances. (Para 6) (B) Hindu Law , — Succession - Illegitimate son - Sudra - Self-acquired property - After widow's death illegitimate son succeeds to putative father. An illegitimate son of a Sudra vis-a-vis his self-acquired property, after having succeeded to a half share of his putative father's estate, will be entitled to succeed to the other half share got by the widow, after the succession opened out to his putative father on the death of the said widow.(Para 7) An illegitimate son of a Sudra has the status of a son under the Hindu Law and he is a member of the family. But his rights are limited compared to those of a son born in wedlock. He has no right by birth and, therefore, he cannot demand partition during his father's lifetime. During the lifetime of his father, the law allows the illegitimate son to take only such share as his father may give him. But on his father's death, he takes his father's self-acquired property along with the legitimate son and in case the legitimate son dies, he takes the entire property by survivorship. Even if there it no legitimate son, the illegitimate son would be....