Legitimacy to legitimation, and beyond…
A child was born to a couple. They were neither in a live-in-relationship nor married, when he was born. However, they married latter. Can the child inherit the assets of his biological father? The more radical question would be, whether the marriage of the parents, should determine the right of inheritance or otherwise of a child? The answer to the former question may largely depend on whether the child is legitimate or illegitimate, while the latter may have to be viewed from beyond this classification. Child’s legitimacy, would finally decide whether he could inherit his father’s assets or not. Legitimacy, may trace its pedigree from the Latin maxim ‘pater est quem nuptioe demonstrant ’ meaning ‘he is the father whom the marriage indicates to be so’. Hence the necessary conclusion is that, a subsisting marriage of child’s parents is the precondition for legitimacy. Common law accepted and adopted this principle. The present day la