Kerala HC: Child Born 4 Months Post-Marriage Gets Equal Property Share

• Kerala High Court ruled a child born within four months of marriage is entitled to an equal share in the deceased father’s property.
• The ruling overturns a trial court decision that excluded Krishnan's daughter from inheritance based on paternity doubts.
• The High Court emphasized that a child born during a valid marriage is presumed legitimate, even if conceived before marriage, under the Hindu Succession Act, 1956.
• The court considered oral testimony and Krishnan's consistent acknowledgment of paternity, rejecting "vexatious defences rooted in social stigma."
• This verdict clarifies that timing of birth relative to marriage cannot dilute succession rights, stressing the need for clear wills and estate plans.

Why It Matters: Kerala HC upholds child's inheritance rights regardless of birth timing post-marriage.